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A CIVICS 

FOR 

ELEMENTARY SCHOOLS 



BY 

JOHN W. DAYIS 

Frincipal Public School No. 8, Bronx^ Ne\o York City 
Author of ''Four New York Boys'* 

AND 

CHARLES STEWART, LL.B. 

Member of the Bar, State of New York 
Instructor in Civics, Public School No, 8, BronZy New York City 



EDUCATIONAL PUBLISHING COMPANY 

Boston 
New York Chicago San Francisco 









LIBRARY of CONGRESS 
Two OoDios Received 

FEB 14 1906 

COPY B, 



COPYRIOHTED 

By educational PUBLISHING COMPANY 
1906 



PKEFACE. 



The little treatise here presented is based upon a 
well-tried plan successfully used in the class room, 
the idea being to explain the features of the Consti- 
tution by means of facts within the student's knowl- 
edge of United States histoiy, told in language 
suitable to his comprehension. It has been found 
that the spirit of investigation awakened in this way 
holds the pupil's interest in the subject and spurs 
him on in the study both of his history and civics. 
That the book may aid in making good citizens is 
the wish of 

The Authors. 



A CIVICS 

FOR 

ELEMENTARY SCHOOLS. 



CHAPTER I. 
GOVERNMENT IN THE AMERICAN COLONIES. 

Formation and Growth of Government. — The chief 
cause that led the colonists from England to leave their 
native land and seek homes in a new and unsettled coun- 
try was dissatisfaction with the home government. 

If we trace the formation and growth of the governments 
established by these people in the new country — growth 
which finally resulted in the Government of the United 
States under the Constitution — we shall have a fair under- 
standing of the principles of our present government. We 
shall also learn that a government is not the product of the 
brain of one man or of the deliberation of a group of men ; 
on the contrary it is a gradual growth, resulting from a long 
series of events. 

Early Colonial Governments. — Let us glance at some 
of the early governments of the colonies and note briefly 
their weak points, which subsequently had to be modified, 
at the same time learnino* the results of the chanofe. 



8 CIVICS FOR ELEMENTARY SCHOOLS 

It will be remembered that the first settlers of Massa- 
chusetts limited the privilege of voting to church members, 
thus making religion a test of citizenship. In Virginia, 
the early governors were appointed by the Crown, and, 
with the exception of John Smith, were weak and corrupt. 
In Georgia, the last of the colonies settled, the whole 
government at first was in the hands of a few of the 
wealthier people, the common people having no vote what- 
ever. 

In New Jersey, after 1702, the governor and the council 
were appointed by the king. The assembly only was 
elected by the people — and these men held office for an 
indefinite time. The laws passed by the assembly and the 
council were of no avail if the governor failed to sign them ; 
and even after he had approved them, the king could refuse 
to sanction them. This refusal by a governor to sign bills 
passed by a law-making body is called a veto (I forbid) . 
The courts in New Jersey were established by the governor 
and the council, and the decision of these courts could be 
sent to England for final decision. A member of the 
elected assembly was required to have a certain amount of 
property, and a voter was also required to possess property. 

The Three Functions of Government.— From this 
simple outline of the government of New Jersey we 
observe that there are three parts or functions of govern- 
ment : first, the body of men who make the laws, these 
being called the legislature ; second, the governor or exec- 
utive, who executes or enforces the laws ; third, the 
courts, who interpret or tell the meaning of the law. 



CIVICS FOR ELEMENTARY SCHOOLS 9 

These three parts or functions are necessary to complete 
any good government. If the legislature should pass a law 
making cruelty to children a crime the governor would 
execute the law through an officer, who would arrest the 
person charged with cruelty, and the courts would decide 
whether the law had been violated, by fully interpreting it 
as to this particular ca>e. 

The Connecticut Charter. — Most of the colonies had 
a form of government more or less like this one of Xew 
Jersey at some period of their colonial existence. The 
Colony of Connecticut, however, had a more liberal set of 
laws. This was a direct result of the oppressive nature 
of the Massachusetts laws. People from Massachusetts 
emigrated to Connecticut in 1635, because they were dis- 
satisfied with the church qualification for voting. They 
drew up a set of laws which permitted the people to 
elect the governor and members of the senate and the 
assembly. The members of the senate were the same 
as members of the council in other states. The legisla- 
ture organized the courts, and the governor saw that 
the laws were enforced. This original set of laws was 
substantialh' approved in the form of a charter by the 
king and was more liberal than the charter of any other 
colony. 

Having left England because of oppressive laws, the 
colonists were continually on the outlook to maintain the 
rights they had obtained and for which they had made so 
many sacrifices. England, however, did not always respect 
the wishes of the colonists. 



10 CIVICS FOR ELEMENTARY SCHOOLS 

Unjust Acts of Parliament. — The English Parlia- 
ment passed many hnvs affecting the American colonists 
without consulting or considering the legislative bodies of 
the colonies. Some of these laws were very oppressive, as 
the Stamp Act, which was intended to raise money from 
the colonists, but gave them no voice in spending the 
money so obtained. The Quartering Act obliged the col- 
onists to support soldiers in a manner subversive of indi- 
vidual rights. 

One of the most remarkable sets of laws passed by Parlia- 
ment is known as the Navigation Acts. These Acts were 
remarkable in that they took from the colonists, in the im- 
portant matter of commerce, all three functions of govern- 
ment — the legislative, the executive, and the judicial. 

England Usurps Functions of Government. — ^In 

passing these Acts, Parliament deprived the colonists of 
some of their legislative rights, by limiting the right to 
ship American products in English vessels only, and for- 
bidding the colonists to bring goods into America except 
through England, thus giving English merchants an un- 
necessary profit on the merchandise. 

In enforcing these obnoxious laws, England usurped the 
executive function of the colonists, by having the American 
coasts patrolled by her w^arships and arresting people who 
imported goods in violation of the navigation laws. She 
then tried the people thus captured in her own admiralty 
courts, thus taking away the judicial function from the 
colonists. 

People who were courageous enough to make homes in a 



CIVICS FOR ELEMENTARY SCHOOLS H 

wilderness would not be long imposed upon by laws like 
these without making a struggle. 

War for Independence Shows Necessity of Union. 
— The struggle which ensued we know as the American 
Revolution or War for Independence. The experience 
gained from these English laws, largely aided the future 
American nation in formifio^ their own <2:overnment. This 
will be made manifest as we proceed, if we note the care 
the people used in avoiding the obnoxious features of the 
colonial system, at the same time taking into their govern- 
ment w^hat was good in the sj^stem of laws in England, 
despite their differences with the mother country. Much 
of the judicial function of our country to-day is founded on 
that part of the f]nglish system, known as the Common 
Law of England. The Common Law in great part is made 
up of the early customs of the people in their intercourse 
with one another. When the clash came between the 
people and the executive power of England in the form of 
the British Army, it was immediately appreciated by the 
colonists that some sort of union was necessary ; and to 
govern a union some set of laws must be recognized by 
those who form it. 

Shall the Union be Strong or Weak? — An army 
and a navy had to be organized. These must be fed 
and cared for. To do this required money. Without 
united effort on the part of the colonies these results were ^ 
impossible. During the war the idea of union did not go 
much beyond what w\as needed to accomplish these results. 
While some of the wisest of the statesmen of that period 



12 CIVICS FOR ELEMENTARY SCHOOLS 

strove for a strong, united government, the colonies were 
jealous of one another, and were competitors and oppo- 
nents in everything except opposition to the common 
enemy — England. 

The remark of the statesman, Patrick Henry, of Virginia, 
"I am not a Virginian but an American," shows the senti- 
ment of but few of the people at that time. 

In 1778, the French minister, Gerard, wrote to France, 
"The States of the South and of the North, under existing 
subjects of estrangement and division, are two distinct 
parties." This expresses the condition of mind of the 
people at large concerning close union. 

First Continental Congress. — In 1774, an effort was 
made by the colonists, in a Congress held at Philadelphia, 
to obtain from England their rights. This Congress con- 
sisted of delegates from all the colonies except Georgia. 
It met September 5, 1774, resolved that obedience was 
not due to any of the recent acts of Parliament, and 
adjourned to May 10, 1775. When it assembled on 
that date at Philadelphia, hostilities had commenced. 
'^The shot heard round the world" had been fired at 
Lexington. 

This Congress, without any express authority from the 
colonists, carried on the war, borrowed money, made 
treaties with foreign governments, and, in fact, assumed 
all three functions of government — legislative, executive, 
and judicial — till the adoption of the Articles of Confeder- 
ation by all the States, in the year 1781, made the League 
of States. 



CIVICS FOR ELEMENTARY SCHOOLS 13 

Articles of Confederation. — The members of the 
Continental Congress, as early as 1776, felt that some 
form of united government should be adopted by the 
states; but it was not until 1781 that the states could be 
induced to consent to placing any of their powers as inde- 
pendent governments in the hands of a central government. 

And when this form of government was finally assented 
to by the adoption of the Articles of Confederation, it was 
no improvement upon the old method of government by 
the Continental Congress, which body worked without any 
written agreement of the states. 

The requests of the Congress to the states for men and 
money were granted or not, as the states saw fit. During 
the war, the states, inspired by patriotism, put forth their 
utmost efforts in aiding Congress, as their agent, to expel 
the common enemy. When the war was practically ended 
by the surrender at Yorktown, the states, not being held 
together for mutual protection from invasion, resumed 
their old jealousies ; and it will be readily understood 
that a strong set of laws was necessary to hold them 
together. 

Weakness of the Articles of Confederation ; Mu- 
tiny. — A glance at the history of this period will show 
whether or not the Articles of Confederation were satisfac- 
tory. The fatal defect of the Articles was that from them 
was omitted entirely the executive governmental function. 
On June 2, 1783, a few soldiers of the Continental army 
drove the whole Congress from Philadelphia to Princeton. 
There being no executive authority to act, the members of 



11 CIVICS FOR ELEMENTARY SCHOOLS 

Congress were obliged to flee for their lives from a small 
band of mutinous soldiers. 

Rebellion ; Interstate War.— A rebellion broke out 
in Massachusetts, in 1786, under Daniel Shays, and Con- 
gress had no power to put it down. Pennsylvania drove a 
number of Connecticut settlers in the Wyoming Valley 
into the woods to starve ; and at one time war was 
threatened between these two states. During this period, 
New York sent troops to the New Hampshire boundary 
to settle a dispute concerning territory, and Congress, 
lacking the executive function, was powerless to act. 

No Taxing Power. — Another omission in the Articles 
was that of the power to tax, and without this power 
Congress could raise no money. Its only resource was to 
ask the states for money, and the states often neglected to 
give their respective shares. 

In the treaty which was signed at the conclusion of the 
Revolutionary War, the United States agreed to pay cer- 
tain debts to British subjects ; but having no money, nor 
power to raise it, they could not meet their obligations. 
England, using this as an excuse, refused to give up many 
of the Avestern fortifications, and part of our territory was 
still occupied by a foreign nation. 

No Power to Regulate Trade. — The Congress had 
no power to regulate trade between the states, and this 
resulted in confusion. New York State placed a tax on 
firewood from Connecticut, and on farm produce from 
New Jersey, forcing the farmers to pay duties on the 



CIVICS FOR ELEMENTARY SCHOOLS 15 

chickens, pigs, and garden produce they brought to New- 
York City. New Jersey retaliated by taxing a lighthouse 
$1,800 a year, which New York State had built on New 
Jersey soil. This lighthouse was necessary for the safe 
entrance of vessels into New York harbor. 

No Permanent Judiciary. — There w^as no provision 
in the Articles for a permanent court, thus omitting the 
judicial function of government. 

No Power to Make Treaties. — Foreign nations would 
make no treaties with the United States, as there was no 
power to enforce the treaties ; and, as was aptly said by 
European nations, they did not know, when they were 
dealing with our representatives, whether they were deal- 
ing with one nation or with thirteen states. 

The people could not help but observe the weakness of 
the government at that time, as it was unable to protect 
the people at home, and was held in contempt by the 
nations abroad. These being the conditions, Congress, in 
1787, urged the states to hold a representative convention 
"for the sole and express purpose of revising the Articles 
of Confederation.'' 

Constitutional Convention. — When deleofates to this 
convention assembled in May, 1787, they came to the con- 
clusion that no amendments or alterations which they could 
make to the Articles of Confederation would give a good 
government. 

These delegates saw, as we have seen, that two of the 
three functions of government were entirely wanting in the 



16 CIVICS FOR ELEMENTARY SCHOOLS 

Articles, and they concluded that it would be preferable to 
draw up a new set of laws embodying all three functions of 
government than to try to add so many new features 
to Articles already tried and found wanting. 

The Convention pursued its deliberations behind closed 
doors, free from the influence of popular clamor, and 
finished its work September 17, 1787. The result of these 
careful deliberations is the Constitution of the United 
States. This was sent to the Continental Congress then 
sitting in New York City ; the Continental Congress trans- 
mitted copies to the several states for their ratification. 

Eatiflcation of the Constitution. — During the next 
few months conventions met in most of the States for the 
purpose of ratifying the Constitution, and by eTuly 26, 1788, 
all the States, except jSTorth Carolina and Rhode Island, 
had ratified it. 

These two States came into the Union later : North 
Carolina on November 21, 1789, and Rhode Island on 
May 29, 1790. 

The Convention set forth very concisely in the following 
preamble the reasons for establishing the Constitution : 

" We, the People of the United States, in order to 
form a more perfect union, establish justice, insure 
domestic tranquillity, provide for the common de- 
fense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, 
do ordain and establish this Constitution for the 
United States of America.'^ 



CIVICS FUR ELEMENTARY i^rurx )LS 17 

Perfect Union and Justice, — The wi.^e men who met 
at Phihidelphiji, understood the necessity of a "more per- 
fect union'' because foreign nations had refused to make 
treaties with us until we were united ; hence these wordci 
in the preamble. Under the old Articles the judicial 
function of government was practically omitted, and the 
delegates, therefore, learned from this weakness that they 
must " establish justice '' by providing a system of courts . 

Domestic Tranquillity. — The strife between Pennsyl- 
vania and Connecticut, the troubles on the Xew York 
State boundary, and Shays' Rebellion most emphatically 
warned them to do something '' to insure domestic tran- 
quillity.*' 

Common Defense. — The fact that English troops still 
occupied some of our western forts was a notice to them 
"to provide for the common defense." 

General Welfare. — The power exercised by the 
several states of putting duties on the products of sister 
states, and the ensuing quarrels among themselves, did not 
"promote the general welfare." This also was to be an 
aim of the convention in its work. 

Security of Liberty.— The people appreciated that 
they had wrested liberty from England, but under the 
Articles there was very little prospect of their keeping it. 
The grand purpose of the convention is summed up in 
the words, "secure the blessings of liberty to ourselves and 
our posterity." 

The Constitution has been in force for more than one 



18 CIVICS FOR ELEMENTARY SCHOOLS 

liuiidred years. Acting under it as a set of laws for its 
regulation, the United States Government has taken its 
place among the nations of the earth, and has carried out 
during these years all the functions of an independent 
government. 

It has made treaties with foreign countries, it has carried 
on wars, established lighthouses, protected its coasts, con- 
structed public works and buildings, provided a post-office, 
fixed a sound money currency, and has performed all the 
duties of a great and strong government. 

If then, we examine the eifect of this Constitution on the 
history of the government, as the lapse of years tells the 
story, we shall have not only a knowledge of our own gov- 
ernment, but a knowledge of the general principles of 
government ; for all good governments are founded on the 
same general principles. 



CHAPTER II. 

THE HOUSE OF REPRESENTATIVES, OR LOWER HOUSE 

OF CONGRESS. 

Each state in the Union has a constitution similar to the 
United States Constitution, and counties and towns, in 
their governments, have the foundation principles that may 
be discovered here. 

The Convention divided the government into three de- 
partments or functions — the legislative, the executive and 
the judicial — and carefully described each department by 
laying down in detail how the department is to be made 
up, what its duties are, and the qualifications of the per- 
sons in each department. 

As laws must be made before they can be either executed 
or judged, the first Article of the Constitution deals with 
the legislative function. We will examine this Article to 
discover how the people avoided the errors of the old gov- 
ernment, and also to learn how the Article has worked as a 
law in actual practice. 

Article I 

Section 1. ^^ All legislative powers herein granted 
shall be vested in a Congress of the United States, 
which shall consist of a Senate and Honse of Rep- 
resentatives." 

By " powers herein granted '' the Constitution refers to 

19 



20 CIVICS FOR ELEMENTARY SCHOOLS 

powers given to the United States by the states. For in- 
stance, one of the powers so granted is that of declaring 
war. This power which we see is vested in Congress 
was exercised by Congress when in 1812 it declared war 
with England and in 1898, when war was declared against 
Spain. 

Section 2. 1. ^^ The House of Representatives 
shall be composed of members chosen every second 
year by the people of the several States^ and the 
elector in each State shall have the qualifications 
requisite for electors of the most numerous branch 
of the State Legislature.'^ 

The members of the House of Representatives are the 
only officials of the United States elected directly by the 
people, the term of office being two years. 

Qualifications of Voters.— The qualifications of the 
electors, or voters, may differ in different states, according 
to the qualifications of the voters for the most numerous 
branch of the legislature in the different states. Each of 
the states has a legislative body similar to Congress, one 
branch being more numerous than the other. 

We may observe how the qualifications of voters differ 
in different states by noting that in Massachusetts voters 
are required to read, in Georgia persons otherwise qualified 
are excluded from voting if their taxes are not paid. In 
some states citizens only are allowed to vote, while in 
others a person declaring his intention to become a citizen 
is allowed to vote. In all states, however, residence for 



CIVICS FOR ELEMENTARY SCHOOLS 21 

a certain time is required. Attention is here called to the 
distinction between a citizen and a voter : The state 
determines the qualifications of a voter, and we shall learn 
in a subsequent clause of the Constitution that the United 
States determines the qualification of citizenship. It is 
well that this is so, as the United States is bound to 
protect its citizens at home and abroad, and, therefore, 
should have the sole right of defining citizenship. 

Section 2. Clause 2. "No person shall be a 
Representative who shall not have attained to the 
age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, 
when elected, be an inhabitant of that State in which 
he shall be chosen." 

As each Representative has one vote, the reason why he 
should be an inhabitant of the state that sent him to the 
Congress is evident; as, living in the state, he would 
represent its people better than a non-resident who Avould 
be ignorant of its wants. 

Clause 3. ^^Representatives and direct taxes shall 
be apportioned among the several States which may 
be included within this Union, according to their 
respective numbers, which shall be determined by 
adding to the whole number of free persons, includ- 
ing those bound to service for a term of years, and 
excluding Indians not taxed, three-fifths of all other 
persons. The actual enumeration shall be made 



22 CIVICS FOR ELEMENTARY SCHOOLS 

within three years after the first meeting of the 
Congress of the United States, and within every 
subseqnent term of ten years, in such manner as 
they shall by law direct. The number of Repre- 
sentatives shall not exceed one for every thirty 
thousand, but each State shall at least have one 
Representative; and, until such enumeration shall be 
made, the State of l!^ew Hampshire shall be entitled 
to choose three, Massachusetts eight, Rhode Island 
and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania 
eight, Delaware one, Maryland six, Virginia ten, 
Noith Carolina five. South Carolina five, and 
Georgia three." 

The Census. — This enumerating, or counting, of the 
people is called the census. The first census was taken in 
1790, and a census has been taken every ten years since. 
As a result of the first enumeration the House of Repre- 
sentatives, from 1793 to 1803, consisted of 105 members, 
allowing one for every thirty-three thousand. 

Number of Representatives in Lower House. — 

Congress has lowered this ratio of representation at each 
census since the second, until by the census of 1900 the 
ratio is one Representative to 194,182 persons; for, had 
these changes not been made, the number of Representa- 
tives in the Congress would be too great to do any legisla- 
tive business. The last census, in 1900, showed our popu- 
lation to be about seventy-five millions. If the ratio of one 



CIVICS FOIl ELEMENTARY SCHOOLS 23 

Representative for each thirty thousand had been continued 
the House of Representatives would to-day consist of more 
than 2,500 men, a number far too great to act harmoniously 
and promptly on the nation's business. 

The words, "three-fifths of all other persons," refer to 
slaves, and are thus explained : If a state contained twenty- 
five thousand free persons and fifteen thousand slaves, its 
census, for the purpose of representation and direct taxes, 
would be twenty-five thousand free persons plus three- 
fifths of fifteen thousand slaves — nine thousand : a total of 
thirty-four thousand. 

As slavery has been al)olished by the thirteenth Amend- 
ment, the part of the clause referring to slaves is not now 
in efi*ect. 

Taxes — Direct and Indirect. — Taxes are the sums 
of money the people give the government to pay the 
expenses of carrying it on. The jud^zes must be paid, the 
public property cared for, the arm}' and navy provided for. 
The public works for the general welfare all require money 
for their maintenance, and this money comes from the 
people in the form of taxes. 

Taxes are of two kinds, direct and indirect. 

By "direct taxes," referred to in this clause, is meant 
those taxes paid by the people directly to the tax collector 
of the government, as when a house owner pays to the col- 
lector annually a sum of money as taxes on the house he 
owns. Congress has successfully^ levied direct taxes in 
1798, 1813, 1815, 1816, and 1861. The government is 
supported almost entirely by indirect taxes. There is a 



24 CIVICS FOR ELEMENTARY SCHOOLS 

tax on sugar brought into this country. The tax the 
importer of sugar pays to the government is added to the 
price of the sugar before he sells it to the people, and thus 
by paying the increased cost of the sugar, the people 
indirectly pay the tax. Bj^ means of these indirect taxes 
on imported goods, and also on wine, beer, spirits, and 
tobacco, the United States raises millions of dollars 
annually. 

Clause 4. ^^When vacancies happen in the repre- 
sentation from any State, the executive authority 
thereof shall issue writs of election to fill such 
vacancies." 

When a Congressman dies, resigns, or is expelled, the 
Governor of the state which he represents causes another 
election to be held to fill the Eepresentative's unexpired 
term . 

Clause 5. ^^ The House of Representatives shall 
choose their Speaker and other officers, and shall 
have the sole power of impeachment." 

The Speaker and Other Officers of the Lower 
House. — The Speaker is the presiding oflicer of the House. 
His importance is increased from the fact that he alone 
appoints the standing committees to which are referred all 
bills that are proposed to be passed. 

The other principal officers of the House of Representa- 
tives are : Clerk, Sergeant-at-Arms, Door-keeper, Offi- 
cial Reporter of Debate, Postmaster, and Chaplain. The 
Clerk presides at the meeting of Congress previous to the 



CIVICS FOR ELEMENTARY SCHOOLS 25 

election of the Speaker, and, after the organization of 
the House, performs all the duties of a clerk and secretary. 
He has a force of assistants. 

The Sergeant-at-Arms represents the authority of the 
House, quells any disorder that may arise during the 
sessions, and searches for and brings in members that, for 
any reason, try to avoid attendance at a session. The 
Door-keeper has charge of the entrance to the House, and 
admits only those who are entitled to enter. The Re- 
porter of Debates takes down the proceedings for use in 
the Congressional Record, The Postmaster looks after the 
mail of the members. The Chaplain offers up prayer at 
the opening of the sessions of the House. 

Each state of the United States has a popular Assembly, 
or lower house, of its legislature, which has practically 
the same kind of officers. 

Impeachment. — "When a i)erson is impeached for a 
crime, it is the same as saying he is accused of the 
crime. The House of Representatives has the sole 
power of accusing, or impeaching, by majority vote, any 
of the civil officers of the Government. Later, we shall 
learn that the Senate has the sole power to try the persons 
that the House impeaches or accuses. 

The same method is followed in dealing with accused 
officials as is employed against accused citizens. In the 
first the House indicts, or accuses, the official, and the 
Senate tries him ; in the second the grand jury indicts the 
citizen, and the petit jury tries him. 

The most important case of impeachment is that of 



26 CIVICS FOR ELEMENTARY SCHOOLl 

President Johnson in 1868. On being tried by the Senate 
he was* acquitted. 

Other important impeachments are: (1) William 
Blount, United States Senator from Tennessee, for con- 
spiring to transfer New Orleans from Spain to Great 
Britain, 1797-8 ; acquitted for want of evidence. (2) 
John Pickering, United States District Court Judge for 
the Dis^trict of New Hampshire, charged with drunkenness, 
profanity, etc. ; convicted, March 12, 1803. (3) Judge 
Samuel Chase; acquitted, March 1, 1805. (4) Judge 
James H. Peck, District Judge of United States Court of 
the Missouri District, for arbitrary conduct ; acquitted, 
1830. (5) West H. Humphreys, Judge of United States 
District Court of Tennessee ; impeached and convicted for 
rebellion, 1862. (6) W. H. Belknap, Secretary of War, 
impeached for receiving bribes from post traders among 
the Indians March 2, 1876. He resigned at the same 
time; acquitted for want of jurisdiction. (7) Charles 
Swayne, District Judge of the United States for the 
Northern District of Florida, impeached "of high crimes 
and misdemeanors in office"; acquitted, Feb. 27, 1905. 



CHAPTER III. 

THE SENATE, OR UPPER HOUSE OF THE CONGRESS 
OF THE UNITED STATES. 

Section 3. Clause 1. ^^ The Senate of the United 
States shall be composed of two Senators from each 
State, chosen by the Legislature thereof for six 
years; and each Senator shall have one vote." 

We have learned that the numher of votes that each 
state has in the House of Representatives depends on the 
population of the state. New York, to-day, has thirty- 
seven votes, and Delaware only one. 

Independence of the Senate. — This apj)ortionment of 
Representatives has the tendency to give the larger states 
more power than the smaller, but this is to a great extent 
overcome by giving each state two voters in the Senate ; 
and the Senators, being elected for six years, are more 
independent of popular clamor, as their re-election does 
not depend so much on following the popular outcry. For 
these reasons, the Senate acts as a check on the House of 
Representatives. An instance of this is the passing of 
the "Wilmot Proviso" by the House of Representatives, in 
1846. It failed to pass the Senate. The House which 
passed the bill had just been elected by the people, whereas 
many of the Senators had been in office for four years, and 
some of ihem for nearly six, 

27 



28 CIVICS FOR ELEMENTARY SCHOOLS 

The Senators are chosen by the Legislature of the state 
they represent, as it is thought they are thus removed 
from popular influence. Many statesmen to-day, however, 
think it would be wiser to have the Senators elected 
directly by the people. 

Clause 2. "Immediately after they shall be 
assembled, in consequence of the first election, they 
shall be divided, as equally as may be, into three 
classes. The seats of the Senators of the first class 
shall be vacated at the expiration of the second 
year; of the second class, at the expiration of the 
fourth year ; and of the third class, at the expiration 
of the sixth year; so that one-third may be chosen 
every second year, and if vacancies happen, by 
resignation or otherwise, during the recess of the 
Legislature of any State, the executive thereof may 
make temporary appointments until the next meet- 
ing of the Legislature, which shall then fill such 
vacancies.'' 

This manner of grouping the Senators was adopted so 
that there should always be some experienced Senators in 
Congress, which might not be the case if the term of all 
expired at once. 

In order that no state may be deprived of a vote in the 
Senate, even when its legislature is not in session, the 
Governor of each state is given the power, in case a 
vacancy occurs in his state representation, to appoint a 
Senator to act till the legislature meets. 



CIVICS FOR ELEMENTARY SCHOOLS 29 

Clause 3. ^^No person shall be a Senator Avho 
shall not have attained to the age of thirty years, 
and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of 
that State for which he shall be chosen." 

The age of qualification of a Senator was increased over 
that of a Representative, as it was desired to have men of 
riper judgment in the Senate. 

Clause 4. ^^ The Yice-President of the United 
States shall be President of the Senate, but shall 
have no vote unless they be equally divided." 

It would not be fair to give the Vice-President a vote as 
he is not elected to represent any particular state in the 
Senate. 

Clause 5. "^^ The Senate shall choose their other 
officers, and also a President ijro tempore in the ab- 
sence of the Yice-President, or when he shall exercise 
the office of President of the United States." 

The principal "other officers " of the Senate are a Secre- 
tary, Chief Clerk, Sergeant-at-Arms, Postmaster, Report- 
ers of Debates, Door-Keeper and Chaplain. The President 
pro tempore does not lose his vote in the Senate. 

Clause 6. ^^ The Senate shall have the sole power 
to try all impeachments. When sitting for that pur- 
pose, they shall be on oath or affirmation. When 
the President of the United States is tried, the Chief 



30 CIVICS FOR ELEMENTARY SCHOOLS 

Justice shall preside, and no person shall be convicted 
without the concurrence of two-thirds of the members 
present. " 

Powers and Duties of the Senate in Impeachments. 

— In other impeachments than that of the President, the 
Vice-President presides. As he would succeed the Presi- 
dent in case of a conviction it would be unjust to have him 
take any part in the President's trial. When President 
Johnson was tried by the Senate after being impeached ty 
the House, Chief Justice Chase presided. There was one 
vote less than two-thirds of the members present for con- 
viction, in consequence of which President Johnson was 
acquitted. 

Clause 7. -^ Judgment in cas^s of impeachment 
shall not extend further than to removal from office, 
and disqualification to hold and enjoy any office of 
honor, trust, or profit, under the United States ; but 
the party convicted shall nevertheless be hable and 
subject to indictment, trial, judgment, and punish- 
ment, according to law. " 

If the Senate should find a civil officer guilty of treason, 
he could not be put into prison or otherwise punished as a 
result of this. He could, however, be tried by a United 
States Court, and if found guilty, could be hanged. 

Trial by Court-Martial. It will be noticed that the 
power of impeachment refers only to civil officers. Officers 
in the Army and Navy are tried by a court-martial accord- 



CIVICS FOR ELEMENTARY SCHOOLS 31 

ing to laws made by Congress. A court-martial consists of 
a number of officers of higher rank than the accused. The 
findino^ or verdict of the court-martial in regard to officers 
is finally passed upon by the President of the United States, 
he being Commander-in-Chief of the Army and Nav}'. If 
he approves of the verdict, it stands ; if he disapproves, 
the findings are of no effect. 

Probably the two most noted trials by court-martial are, 
(1) that of General Charles Lee, who w^as tried for dis- 
obedience of orders and disgraceful conduct at the battle of 
Monmouth, in the War of the Revolution ; and (2) that of 
General W. Hull, who was convicted of cowardice in sur- 
rendering Detroit to the enemy in the second war with 
England. 



CHAPTER IV. 

ELECTION, POWERS, DUTIES, PRIVILEGES AND DISABILI- 
TIES OF SENATORS AND REPRESENTATIVES. 

Section 4. Clause 1. ^^The times, places, and 
manner of holding elections for Senators and Rep- 
resentatives shall be prescribed in each State by the 
Legislature thereof; but the Congress may at any 
time, by law, make or alter such regulations, except 
as to the places of choosing Senators.'' 

Manner of Electing Senators. — In 1865, Congress 
passed a law to regulate the times and manner of choosing 
Senators : the time of election is the second Tuesday 
after the meeting and organization of the Legislature, and 
the Senator is chosen by a majority of all votes in both 
Houses of the Legislature, they having met together for 
this purpose. In 1781, Congress enacted that all Eepre- 
sentatives should be voted for by written or printed 
ballots. 

As the State Legislature meets at the capital of the 
state, it would be unfair to give Congress the power to 
change the place of meeting of the Legislature, as this, 
to a certain extent, would be changing the capital of the 
state. Hence the exception is made in the clause regard- 
ing the place of choosing Senators, 

32 



CIVICS FOR ELEMENTARY SCHOOLS 33 

Clause 2. ^^ The Congress shall assemble at least 
once in every year; and such meeting shall be on 
the first Monday in December, unless they shall by 
law appoint a difi*erent day." 

By this clause Congress is obliged to assemble once 
every year ; sometimes it has met more than once a year 
in regular session. We shall learn in Article II. that the 
President has po\Yer to cause it to assemble in special 
session when he deems it necessary. 

Section 5. Clause 1. ''Each Honse shall be the 
judge of the elections, returns;, and qualifications of 
its own members; and a majority of each shall con- 
stitute a quorum to do business, but a smaller num- 
ber may adjourn from day to day, and may be 
authorized to compel the attendance of absent mem- 
bers, in such manner and under such penalties as 
each house may provide." 

When a person is elected a member to either House of 
Congress, the state he represents gives him a certificate of 
election. The House to which he is elected has sole power 
to determine whether he has been lawfully elected and 
whether he is qualified to be a member. 

In 1865, immediately after the Civil War, each House 
refused to admit as members any of the persons elected by 
the eleven states that had seceded. 

A majority is more than half; neither house can do any 
business unless a quorum of more than half is present. 



34 CIVICS FOR ELEMENTARY SCHOOLS 

Attendance of Members.— Under the Articles of Con- 
federation the Congress had no power to compel members 
to be present. This clause in the Constitution gives less 
than a quorum power to compel the attendance of members, 
and also to punish them for non-attendance, thus insuring 
that the legislative business of the nation will be attended 
to. It has happened several times that some members 
have endeavored to prevent bills being passed, by absent- 
ing themselves and leaving no quorum in the House. The 
Speaker has then used the authority of the House to compel 
their attendance by sending the Sergeant-at-Arms after 
them. 

Clause 2. ^^ Each House may determine the rules 
of its proceedings, punish its members for disorderly 
behavior, and, with the concurrence of two-thirds, 
expel a member. '' 

Rules and Proceedings of Each House. — There 
must be rules to govern the conduct of each individual 
in a body of men assembled to do business ; these 
rules are made by each House. Some of these rules are in 
regard to making motions, some as to the length of time a 
member can speak, some as to the reports and powers of 
committees. All these rules taken together make up what 
is known as parliamentary law, the law that governs all de- 
liberative bodies, such as legislatures, corporations, clubs, 
and other associations. One very important method or 
rule of procedure, is the one in regard to committees. The 
Speaker of the House appoints a number of committees to 



CIVICS FOR ELEMENTARY SCHOOLS 35 

consider the various measures that come before Congress to 
be acted upon. Each committee looks thoroughly into the 
matter referred to it, reports the results of the examination, 
and makes recommendations to Congress. The Committee 
on Military Affairs considers all matters relating to the 
Army, the Committee on Foreign Affairs considers all busi- 
ness we may have with foreign nations. The Committee 
on Rules considers and reports on rules for governing the 
House. The most important committee is that on Ways 
and Means. One of its duties is to consider and report on 
the ways of raising money by means of the tariff. 

In the Senate t^ese Committees are elected by ballot by 
the Senators. 

Sometimes in the excitement of debate a member will so 
far forget himself as to break the rules of the House ; he is 
then called to order by the Speaker, and if he still persists 
in his conduct he can be punished by the House. 

In 1856 Mr. Preston S. Brooks, Representative from 
South Carolina, struck Senator Charles Sumner with a cane, 
while the latter was in the Senate Chamber. A committee 
of the House of Representatives reported in favor of ex- 
pelling Mr. Brooks, but when the House voted on the 
question of expulsion, the vote for conviction was less than 
the required two-thirds. 

Clause 3. ^^ Each House shall keep a journal of 
its proceedings, and from time to time publish the 
same, excepting such parts as may, in their judg- 
ment, require secrecy; and the yeas and nays of the 



36 CIVICS FOR ELEMENTARY SCHOOLS 

members of either House on any question shall, at 
the desire of one-fifth of those present, be entered on 
the journal. '' 

The Congressional Record. — The proceedings of 
Congress which are kept in accordance with this clause 
are published daily in a pamphlet called the Congressional 
Record. Each member of Congress and some other officers 
are entitled by law to a certain number of copies, which 
they send to people in different parts of the country. 
Copies of the Congressional Record can also be obtained by 
citizens by paying for them. The people are thus kept 
informed of the proceedings of Congress. 

The Senate when it is considering a treaty with a foreign 
country keeps its proceedings secret, by going into execu- 
tive session. The Webster-Ashburton Treaty, concerning 
the northeastern boundary line, was considered in executive 
or secret session c 

The yeas and nays of the members are recorded in impor- 
tant questions, so that the people may know how their 
representatives voted on these questions. 

Clause 4. ^'^ Neither House, during the session of 
Congress, shall, without the consent of the other, 
adjourn for more than three days, nor to any other 
place than that in which the two Houses shall be 
sitting.'' 

As a previous clause provides that less than a majority 
of either House may adjourn, it might happen that less than 



CIVICS FOR ELEMENTARY SCHOOLS 37 

a majority of one Hou>;e might adjourn for an indefinite 
period and stop the work of the Congress. Clause 4 is in- 
tended to prevent this by requiring the consent of both 
Houses to a long adjournment. 

Section 6. Clause 1. ^" The Senators and Repre- 
sentatives shall receive a compensation for their ser- 
vices, to be ascertained by law, and paid out of the 
Treasury of the United States. They shall in all 
cases except treason, felony and breach of the peace, 
be privileged from arrest during their attendance at 
the session of their respective Houses, and in going 
to and returning from the same; and for any speech 
or debate in either House, they shall not be ques- 
tioned in any other place." 

The first Congress passed an act fixing the pay of Repre- 
sentatives and Senators at six dollars per day each. This 
salary has been changed several times ; it is now (1905) five 
thousand dollars per year. The fact that the United States 
pays the members, makes them independent of the states. 

The privilege from arrest in this clause is given the 
members so they cannot be prevented from attending to 
their duties by arrest on trifling charges that might be 
brought against them by political opponents. A felony is a 
gross crime — murder, highway robbery and forgery are in- 
stances of felony. Fighting in the street would be a breach 
of the peace. Treason is defined in Article HI., Section 3, 
of the Constitution. 



38 CIVICS FOR ELEMENTARY SCHOOLS 

In debating measures and men in Congress, it often 
happens that characters of men are discussed. No man 
who may think his character has been injured by a member 
in debate, can sue the member in any court. This is to 
insure perfect freedom of speech' in Congress. 

Clause 2, ^'^ JSTo Senator or Representative shall, 
during the time for which he was elected, be ap- 
pointed to any civil office under the authority of the 
United States, which shall have been created, or the 
emoluments whereof shall have been increased, dur- 
ing such time; and no person holding any office 
under the United States shall be a member of either 
House during his continuance in office." 

As the Senate and House of Representatives make many 
laws creating civil officers and often regulate the pay of the 
civil officers, it would be unwise to allow a Senator or Rep- 
resentative to take part in creating an office or fixing the 
pay of an office, which he himself might hold. There is a 
prejudice against a citizen holding two public offices at the 
same time, and this clause forbids it. This is especially 
proper in the case of members of Congress. If, for example, 
a judge were a member, it might happen that he be called 
upon to vote on his own impeachment. 



CHAPTER V. 

MODE OF PASSING LAWS. 

Section 7. Clause 1. " All l)ills for raising revenue 
shall originate in the House of Representatives; but 
the Senate may propose or concur with amendments, 
as on other bills." 

Revenue Laws Originate in the Lower House. — 

The people have always beeu very jealous of the power 
to impose taxes, and the Constitution places the power in 
the hands of the Representatives because they are elected 
for only two years ; and if the power should be abused the 
people could correct the matter l)y not reelectinjr such as 
they considered failed in their duty. However, after a 
revenue or tax bill has once passed the House, the Senate 
may change it. The change must be agreed to by the 
House, before it can become a law. 

All tarift* bills originate in the House, as they are 
revenue bills taxing imports. The ^IcKinley Bill, the 
Wilson Bill and the Dingley Bill are among the prominent 
tariff bills, each bill taking its name from the Chairman of 
the Ways and Cleans Committee that had the bill in charge. 

Clause 2. '^^ Every bill which shall have passed 
the House of Representatives and the Senate, shall, 
before it become a law, be presented to the President 

39 



40 CIVICS FOR ELEMENTARY SCHOOLS 

of the United States: if he approve, he shall sign it; 
but if not, he shall return it, with his objections, to 
that House in which it shall have originated, who shall 
enter the objections at large on their journal, and pro- 
ceed to reconsider it. If, after such reconsideration, 
two-thirds of that House shall agree to pass the bill, 
it shall be sent, together with the objections, to the 
other House, by which it shall likewise be recon- 
sidered; and if approved by two-thirds of that House, 
it shall become a law. But, in all such cases, the 
votes of both Houses shall be determined by yeas 
and nays; and the names of the persons voting for 
and against the bill shall be entered on the journal of 
each House respectively. If any bill shall not be re- 
turned by the President within ten days (Sunday 
excepted) after it shall have been presented to him, 
the same shall be a law, in like manner as if he had 
signed it, unless the Congress, by their adjournment, 
prevent its return, in which case it shall not be a 
law." 

From this clause we learn that there are three ways by 
which a law can be made : 

A Bill May Become a Law by Being Passed by a 
Majority of Each House and Receiving the Presi- 
dent's Signature. — First, a bill may be voted for by a 
majority of each House and signed by the President. The 
Missouri Compromise was made a law in this manner, being 



CIVICS FOR ELEMENTARY SCHOOLS 41 

passed by a majority of each House and signed by Presi- 
dent Monroe. 

A Bill May be Passed by a Two-thirds Vote of 
Each House Over the President's Veto.— A second 
way in which a bill may be enacted is by being passed 
by a majority of each House, and on the President's 
refusal to sign it, by being repassed by a two-thirds 
vote of each House. The Civil Rights Bill became a hiw 
in this manner, being passed by two-thirds of each House 
after President Johnson had vetoed it, or in other w^ords, 
refused to sign it. 

How Some Bills Become Laws Even Without the 
President's Action. — A third way is by the l)ill being 
passed by a majority of each House and the President 
keeping it for ten days (Sunday excepted) without signing 
it. The Wilson Tariff Bill became a hiw in this way, as 
President Cleveland did not return it to Congress within 
ten days. If, however. Congress had adjourned so as to 
prevent the return of the Wilson Bill before the ten days 
had expired, it would not have become a law. 

When Congress adjourns before the expiration of the ten 
days, preventing the return of the bill and it remains in the 
President's hands unsigned, it does not become a law. This 
is termed a " pocket veto." 

A bill for the improvement of river and harbors was 
held bj^ President Jackson. Congress adjourned in less 
than ten days, preventing its return within ten days after 
he received it, and the bill failed to become a law through 
the "pocket veto." 



42 CIVICS FOR ELEMENTARY SCHOOLS 

Many bills have failed to become laws by being vetoed 
by the President. A prominent one is that relating to the 
United States Bank. The bill giving this bank a new 
charter or power to exist and do business was vetoed by 
President Jackson during his first term. 

Clause 3. ^^ Every oi'der^ resolution, or vote, to 
which the concurrence of the Senate and House of 
Kepresentatives may be necessary (except on a 
question of adjournment), shall be presented to the 
President of the United States, and before the same 
shall take effect, shall be approved by him, or, being 
disapproved by him, shall be repassed by two-thirds 
of the Senate and House of Representatives, accord- 
ing to the rules and limitations prescribed in the 
case of a bill.'' 

This clause has exactly the same meaning as Clause 2 and 
was adopted so that if Congress should change the word 
bill in Clause 2 to one of the words order^ resolution^ or 
vote^ they could not avoid sending the bill to the President 
for his approval. This method of passing bills is similar 
to the method adopted in most state governments. The 
governor of the state approves or vetoes the bills passed 
by its Legislature. 

We must here note that the President, when he acts 
under these clauses, takes an important part in the legisla- 
tive function. We shall learn from Article H. of the Con- 
stitution that the President's function is chiefly executive. 



CHAPTER VL 
POWERS OF CONGRESS. 

The Constitution thus far has treated of the election and 
formation of Congress. It has told us how the members 
are brought together for the business of making laws, and 
how those laws must be made. 

In the following section the Constitution tells the Con- 
gress what it may do, and w^hat laws it has power to 
make. And Congress cannot go beyond these powers 
and make other laws than are permitted by the Consti- 
tution. If it should do so, those laws could be declared 
unconstitutional and worthless by the Supreme Court, 
which is part of the judicial department of the United 
States. 

In 1857, tlie presiding justice of the Supreme Court, in 
rendering the decision on the Dred Scott case, declared 
that the Missouri Compromise, passed by Congress in 1821, 
was unconstitutional and void, and in 1895 the Supreme 
Court declared unconstitutional that part of the Wilson 
Tariff Bill of 1894 w^hicli referred to an income tax, and 
the taxes collected under that provision were returned. 
Congress having gone beyond its power in making that part 
of the law. 

Section 8. Clause 1. ^^ The Congress shall have 
power to lay and. collect taxes, duties, imposts and 

43 



44 CIVICS FOR ELEMENTARY SCHOOLS 

excises, to pay the debts, and provide for the 
common defence and general welfare, of the United 
States; but all duties, imposts and excises shall be 
uniform throughout the United States ; '' 

The four words — taxes, duties, imposts, and excises 
— mean about the same, and refer to money collected from 
the people for the purpose of carrying on the government. 
The old Continental Congress had no power to collect taxes. 

Use Made of the Taxes. — Let us see what Congress 
can do with these taxes: — (1) "Pay the debts." During 
the revolution the United States had borrowed large sums 
of money, which the states as individual governments 
neglected to pay. Congress, by this clause having the 
power to raise the money, paid these debts, and has kept 
faith with its creditors ever since. The principal foreign 
debt was the French loan. 

(2) "Provide for the common defence" means the main- 
taining of forts, armies and navies. 

(3) "Provide for the general welfare" can be made to 
cover all acts that tend to benefit the whole country. The 
power to purchase Louisiana is found in this clause, as this 
purchase benefited the whole country by opening the 
Mississippi River, and relieving us forever from boundary 
disputes with France. 

The weather bureau is established for the general welfare ; 
agricultural stations, whence are sent information and 
sample seeds to farmers, are also for the general welfare. 

These taxes shall be uniform, that is to say, a man in 



CIVICS FOR ELEMENTARY SCHOOLS 45 

California shall be taxed in the same ratio as the man in 
New York. 

Clause 2. ^ ■ To borrow money on the credit of the 
United States;" 

At the outbreak of the war with Spain the United States 
borrowed fifty million dollars from the people, and issued 
to the purchasers interest-bearing bonds^ they having confi- 
dence that the United States would redeem the bonds with 
the money obtained by taxes. 

Clause 3. '' To regulate commerce with foreign 
nations, and among the several States, and with the 
Indian tribes;" 



Power over Commerce and Trade. — The United 
States regulates commerce witli foreign nations by making 
treaties with them. It would be very unwise to allow each 
state to make treaties of commerce and trade with foreign 
nations. Treaties mioht thus be made orivino^ one state an 
advantage over another. 

In the year 1795, ^^ Jay's Treaty'' with England was 
signed by the President and concurred in by the Senate by 
a vote of twenty to ten, exactly two-thirds. This treaty 
contained many clauses regulating our trade with England. 

Congress has passed a law creating the Interstate Com- 
merce Commission, which has supervision over railways 
and other means of transportation between the states. 
Their principal duty is to see that the passenger and freight 
rates are equitable between the states. 



4G CIVICS FOR ELEMENTARY SCHOOLS 

This clause makes the Indian tribes to a certain extent 
the wards of the nation. 

Clause 4. ^^To establish a uniform rule of naturali- 
zation, and uniform laws on the subject of bankrupt- 
cieSj throughout the United States;" 

Naturalization, By rule of naturalization is meant a 
law stating who are and who may become citizens. Why 
the United States should have this sole power has already 
been explained. Every person born in the United States 
is a citizen. The children of citizens of the United States 
born while their parents are temporarily living abroad are 
citizens. 

Foreigners can become citizens after a residence of five 
years, by applying to a United States Court ; two applica- 
tions are necessary, one two years before the final applica- 
tion. The applicant muvst swear to support the Constitution 
of the United States and must renounce all allegiance to 
any foreign State. 

A soldier or a sailor in the Navy of the age of twenty-one, 
regularly discharged from the Army or the Navy of the 
United States, may be admitted to citizenship with a single 
year's residence. 

All children whose parents are naturalized become citi- 
zens at the age of twenty-one if they reside in the United 
States. 

Bankrupts and Bankruptcy. — A person who cannot 
pay his debts is a bankrupt. During the panic of 1837 
many people suddenly lost fortunes and their creditors 



CIVICS FOR ELEMENTARY SCHOOLS 47 

could prevent them from again succeeding financially, by 
seizing any property they might acquire in the future, to 
satisfy the creditors' old claims. 

Congress has at different times passed bankrupt laws, 
which free a man from his debts, provided he gives what 
property he may possess into the hands of his creditors for 
their benefit. He cannot take advantage of the law, if it is 
proved he has acted fraudulently. 

Congress has repealed all the United States bankrupt 
laws except the last one, and there have been long periods 
of time when there were not any United States bankrupt 
laws in effect. During these periods, the State bankrupt 
laws have been valid and have caused more or less annoy- 
ance and confusion to both creditors and debtors, owing to 
the laws not being: uniform. 

Clause 5. " To coin money, regulate the value 
thereof and of foreign coin, and fix the standard of 
weights and measures ; " 

Laws Relating to Money and Weights. — Congress 
has passed many laws relating to coining money, and it has 
equipped establishments called mints, in which money is 
coined. At present there is a mint in each of the following 
cities : — San Francisco, Carson City, Philadelphia and New 
Orleans. The gold and the silver coin of the United States, 
by law of Congress, is ninety per cent pure, the other ten 
per cent is copper. 

In the early period of the history of the United States 
coin of all countries was in circulation, and it was neces- 



48 CIVICS FOR ELEMENTARY SCHOOLS 

sary that some power should regulate its value in business. 
This power was given to Congress. At the present time, 
the bankers and merchants regulate the rate of exchange with 
foreign countries through the law of supply and demand. 

In 1836, Congress directed the Secretary of the Treasury 
to deliver a complete set of weights and measures adopted 
as standards, to the governor of each state, in order that 
there might be a uniform standard throughout the United 
States. In 1866, the metric system was legalized by Con- 
gress, and in 1876, money was appropriated to procure 
metric standards for all the states. 

Clause 6. ^^ To provide for the punishment of 
counterfeiting the securities and current coin of the 
United States;'' 

During the Revolution some evil persons* counterfeited 
the Continental money and under the Articles of Confedera- 
tion there was no power to punish the counterfeiters. The 
United States Congress has established a force of men, 
known as the secret service, whose most important duty is 
to detect counterfeiters. These men have arrested, and the 
United States courts have, through the laws of Congress, 
convicted many men of this crime against the country. It 
will be noticed that the power of punishment also extends 
to counterfeiting the securities. These securities are bonds 
and notes on which the Government borrows money. 

Clause 7. ^^ To establish post-offices and post- 
roads;'' 



CIVICS FOR ELEMENTARY SCHOOLS 49 

The Post-Offices and Mails. — By the power given in 
this little sentence, Congress has established the vast sys- 
tem of post-offices and mail deliveries throughout the 
United States. All matters connected with the mails are in 
charge of the United States. 

In 1806, Congress, under the power conferred in this 
clause, passed an act for the building of a road from the Poto- 
mac to the Ohio River. At different times Congress has 
aided railroads and other transportation companies in build- 
ing their roads, these companies in return carrying the 
United States mail. When a transportation companj^ 
assumes the duty of carrying the mail it is under the pro- 
tection of the United States, and it sometimes happens that 
United States troops are sent into a state to protect these 
transportation companies against the attacks of mobs and 
strikers. Ordinarily, United States troops are not used in 
the states unless at the request of the governor of the 
state. 

Claicse S. ^'To promote the progress of science 
and nseful arts^ by securing for limited times, to 
authors and inventors, the exclusive right to their 
respective writings and discoveries;-' 

Copyrights and Patents. — The copyright law now in 
force gives an author the exclusive right to control the sale 
of his books or publications for twenty-eight years, with 
the privilege of having this right renewed for the period of 
fourteen years more. All books must have the date of the 
copyright printed in them. This copyright is obtained by 



50 CIVICS FOR ELEMENTARY SCHOOLS 

applying to the Librarian of Congress. Tiie patent law 
passed by Congress under this clause gives an inventor the 
exclusive right to make and sell his invention for seventeen 
years. The inventor makes an application to the Patent 
Office in Washington and when the patent is granted all the 
articles made and sold are marked patented, with the date 
of the granting of the patent. 

Important Inventions. — Among the important inven- 
tions which have been patented are the cotton gin, patented 
by Eli Whitney in 1793, the electric telegraph, by S. F. B. 
Morse in 1837 ; and the sewing machine, by Elias Howe in 
1846. A series of patents was granted on the discoveries 
in the manufacture of india rubber made by Charles Good- 
year from 1837 to 1850. The telephone, invented by William 
Graham Bell, was patented in 1876. Thomas A, Edison 
has patented many electrical devices since 1870. 

Clause 9. — ^^To constitute tribunals inferior to the 
Supreme Court ;'^ 

Under this power Congress has established courts, which 
will be considered when we discuss the judicial department 
of the Government, and the Supreme Court. 

Clause 10. — ^^ To define and punish piracies and 
felonies committed on the high seas^ and offences 
against the lav\r of nations f 

International Law. — The law of nations consists of the 
customs that have gradually grown out of the commercial 
and other transactions among nations, together with the 



CIVICS FOR ELEMENTARY SCHOOLS 51 

treaties nations make with each other. One of these 
customs or laws is to consider a pirate an outlaw to be 
punished, on conviction, with death. In 1819 there 
were many pirates cruising in the AVest Indies, and 
the United States sent Commodore Perry there to cap- 
ture them. He died of yellow fever at Trinidad; other 
vessels, however, were sent and eventually cleared this 
region of pirates. 

Nations regard ships sailing under a national flag as part 
of the territory of the country the flag represents. The 
United States therefore is given tlie power, under the Con- 
stitution, to punish felonies committed on the high seas 
under the flag. The oceans or high seas are considered the 
joint property of nations. 

Another law of nations is that a nation's representatives, 
as ambassadors and consuls, shall not be disturbed during 
their official residence in another countr3\ If, therefore, a 
citizen of the United States should disturb one of these 
oflacers of a foreign country during the ofiicer's residence 
here, the citizens could be punished under the power 
granted by this clause. 

Clause 11. ^^ To declare war, grant letters of 
marque and repiisal, and make rules concerning cap- 
tures on land and water.'' 

Power of Declaring War Vested in Congress. — The 
power of declaring war is one of the most important powers 
of a nation. The whole Congress exercises this power for 
the United States. We have already referred to this power 



52 CIVICS FOR ELEINIENTARY SCHOOLS 

being used by Congress in declaring war against England 
in "1812. 

Privateers. — Letters of marque and reprisal are com- 
missions given, in time of war, to owners of vessels 
empowering them to capture and destroy the enemy's ves- 
sels on the seas and in his ports. A vessel so commis- 
sioned is called a privateer. During the war of 1812 six- 
teen hundred British vessels were captured or destroyed by 
American privateers. 

Many nations have by treaty agreed not to use privateers 
in any future war. The United States, however, has not 
entered into any such agreement. 

As the property captured in time of war is taken 
under power of Congress, it is right that Congress should 
make rules as to its disposal. In the case of captured 
vessels they have heretofore been sold and part of the pro- 
ceeds distributed to the oiScers and sailors of the captur- 
ing vessels as prize money. 

Clause 12. ^^To raise and support armies; but no 
appropriation of money to that use shall be for a 
longer term than two years;'' 

Money for the Army. — Under the Articles of Confed- 
eration the United States could declare war, but had no 
power to raise armies. The Government depended on the 
men the different states might send. This clause gives 
Congress the power to call men into the army. In 1863 a 
law was passed declaring that all male citizens between the 
ages of twenty and forty-five, and those men who had 



CIVICS FOR ELEMENTARY SCHOOLS 53 

declared their intention to become citizens, with some exeei)- 
tions, constitute the national forces ; and by virtue of this 
law, men were picked out l)y lot, or drafted, as it was 
called, to serve in the army during the Civil War. 

As appropriations for money originate in the House of 
Representatives, and as the appropriations for the army can 
be made for only two years, the powder over the army rests 
in the people, as they can send representatives to Congress 
at the expiration of any appropriation, pledged to oppose 
an appropriation of money for the support of the army. 

Congress maintains a small standing army, commonly 
known as the regular army, for the purpose of caring for 
the forts and defenses on the coast and frontiers. The army 
also forms a nucleus about which can be gathered the volun- 
teers and drafted men in time of war. As the res^ulars are 
in constant training, many of them are capable of drilling 
and commanding recruits when necessity calls for them. 

Clause 13. ^^To provide and maintain a navy;" 

The Navy. — Congress by this clause is not only em- 
powered to build and equip ships, but can enact legislation 
tending to maintain them. It appropriates money each 
year for the improvement of rivers and harbors under this 
clause, also for the establishment of lighthouses, lightships, 
beacons and buoys, as all these are necessary for the main- 
tenance of a navy. 

Clause 14. ^^ To make rules for the government 
and regulation of the land and naval forces;" 



54 CIVICS FOR ELEMENTARY SCHOOLS 

Military Laws and Regulations. — Congress has passed 
laws at different times for the government of the land and 
naval forces. These laws were all brought together — cod- 
ified as it is called — into one section (in 1874), known as 
the Articles of War of the United States. These Articles 
contain the oath that is to be taken by a soldier on enlisting, 
and also give rules for the conduct and instruction of 
officers for creating and conducting a court-martial. Among 
these rules we will mention the following : 

" Any sentinel who is found sleeping upon his post, or 
who leaves it before he is regularly relieved shall sufler death, 
or such punishment as a court-martial may direct." 

" Any officer who is convicted of conduct unbecoming in 
an officer and a gentleman shall be dismissed from the 
service." 

'^General courts-martial may consist of any number of 
officers from five to thirteen inclusive ; but they shall not 
consist of less than thirteen when that number can be con- 
vened without manifest injury to the service." 

A majority in a court-martial convicts ; in the case of a 
tie the accused person is acquitted. 

Clause 15. ^^ To provide for calling forth the 
militia to execute the laws of the Union^ suppress 
insurrections and repel invasions;'' 

The Militia or Citizen Soldiers. — The militia consists 
of the citizen soldiers of the different states. Regiments and 
companies of men are organized in the different states by 
volunteer citizens. They are uniformed and equipped by 



CIVICS FOR ELEMENTARY SCHOOLS 55 

the state. Armories are also built and furnished by the state. 
The men receive no pay except when in active service. They 
drill generally in the evening and lose no time from their 
ordinary work, unless w^hen called by the state in time of 
riot or other troubles. Under clause 15 all these men can 
be called into the service of the United States, and they 
then receive the same pay and are governed by the same 
laws as the United States Regular Army. 

The militia wasN3alled out in 1794 to suppress the insur- 
rection in Pennsylvania known as the Whiskey Rebellion, 
and also in 1812, during the war with England, to ''repel 
invasions." 

Clause 16. ^^ To provide for organizing, arming, 
and disciplining the militia, and for governing such 
part of them as may be employed in the service of 
the United States, reserving to the States respec- 
tively the appointment of the officers, and the author- 
ity of training the militia according to the discipline 
prescribed by Congress;" 

This clause has been fully explained in considering the 
previous clause. 

Clause 17. ^^ To exercise exclusive legislation in 
all cases whatsoever over such district (not exceed- 
ing ten miles square) as may, by cession of particular 
States and the acceptance of Congress, become the 
seat of the Government of the United States and to 
exercise like authority over all places purchased, 



56 CIVICS FOR ELEMENTARY SCHOOLS 

by the consent of the Legislature of the States in 
which the same shall be, for the erection of forts, 
magazines, arsenals, dock-yards, and other needful 
buildings. 

The words ^^ such district" refer to the District of Colum- 
bia, where is situated Washington, the Capital of the United 
States. This territory was ceded to the United States by 
Virginia and Maryland. Congress has full power to govern 
this district. 

It is necessary that forts, arsenals, magazines and dock- 
yards be built in different parts of the country. Land for 
these purposes is obtained from the states by the United 
States, and when it is acquired. Congress makes all the 
rules for its government. 

Clause 18. ^^ To make all laws which shall be 
necessary and proper for carrying into execution the 
foregoing powers, and all other powers vested by 
this Constitution in the Grovernment of the United 
States, or in any department or officer thereof 

Under this clause Congress has made many laws that are 
necessary to carry out the powers granted to it. A very 
important law of this nature was one passed durirg the 
Civil War, authorizing the making of paper money. Con- 
gress was then exercising its power of making war, money 
was needed to carry this power into execution, and Con- 
gress passed a law for making paper money to use in carry- 
ing on the war. 



CIVICS FOR ELEMENTARY SCHOOLS 57 

Another case of this kind was the pas.-sing of the Embargo 
Act in 1807. Congress has power to regulate commerce 
with foreio^n nations. EnorJand and France were at that 
time at war, and infringing on the rights of neutrals, and 
Congress pas:sed this law as an attempt to compel two 
nations at war to respect the rights of neutrals. The 
attempt was a failure. 



CHAPTER VII. 

POWERS DENIED CONGRESS. 

Section 8, with its eighteen clauses, which we have just 
discussed, tells us what Congress can do. It contains a list 
of powers that originally belonged to each and every state 
in the Union, and which each of these states has surrendered 
to the central Government of the United States, for the 
benefit and welfare of all the states taken together. 

What Congress Cannot Do. — Section 9, with its eight 
clauses, tells us what Congress cannot do. It gives a list 
of the rio-hts that each state has not surrendered. If Cono^ress 
should pass a law to do anything forbidden in this section, 
the matter would be taken to the Supreme Court, and there 
tried and declared unconstitutional. 

Section 9. Clause 1. " The migration or importa- 
tion of such persons as any of the States now exist- 
ing shall think proper to admit shall not be prohib- 
ited by the Congress prior to the year one thousand 
eight hundred and eight; but a tax or duty may be 
imposed on such importation, not exceeding ten dol- 
lars for each person." 

The word persons in this clause refers to slaves. The 
whole clause, in fact, refers to trade in slaves with foreign 
countries. Congress passed an act in 1807 to take effect 

58 



CIVICS FOR ELEMENTARY SCHOOLS 69 

January, 1808, prohibiting the importation of slaves, and 
in 1820 slave trade with foreign countries was declared to 
be piracy punishable with death. 

This clause no longer has any weight in the Constitution, 
as all slavery is now unlawful in the United States. 

Clause 2. ^^ The privilege of the writ of habeas 
corpus shall not be suspended, unless when, in cases 
of rebellion or invasion, the public safety may require 
it." 

Habeas Corpus. — The right of habeas corpics is founded 
on the old English Common Law and was in 1679 included 
in the Acts of Parliament. It is a right which every citizen 
who may be imprisoned accused of crime has, of going 
before a court in order that his case may be inquired into 
by the court. If there is no just cause for his imprisonment, 
he must be released. 

Tyrannical governments have sometimes arrested and im- 
prisoned men without cause ; and when this right of habeas 
coiyus did not exist, the prisoner could not compel a judge to 
grant him a hearing and very likely would remain in prison 
till he died. 

In time of war the territory covered by armies in action 
is considered under military or martial law and then this 
right is suspended. 

December 16, 1814, during the war with England, Jack- 
son declared New Orleans under martial law and the privi- 
lege of the w^rit of habeas coipus was suspended-. Lincoln 
also suspended the writ at times during the Civil War. 



60 CIVICS FOR ELEMENTARY SCHOOLS 

Clause 3. ^^ No bill of attainder^, or ex-post-facto 
law, shall be passed.'' 

Bill of Attainder and Ex-post-facto Law. — A bill of 
attainder is a law inflicting death or other punishment with- 
out a judicial trial. The case of a man accused of treason 
or any other crime must be passed upon by a court, and 
Congress can make no law inflicting punishment on him 
without a trial by a court. 

An eX'post'facto law is one that makes an act a crime 
which was not a crime when the act was committed, or that 
makes the punishment of a crime greater than it was when 
the crime was committed. 

If on and before January 1, 1903, it was not unlawful for 
a citizen to enter a United States fort, and Congress should 
pass a law in 1904 making it a crime to have entered the 
fort in 1902, this would be an ex-post-facto law. 

Clause 4. " No capitation or other direct tax shall 
be laid, unless in proportion to the census or enum- 
eration hereinbefore directed to be taken." 

Poll Tax. — A capitation tax is a tax not on property, 
but on the man; it is sometimes called a poll (head) tax, 
and if this tax is laid it must be in proportion to t^ie census 
we have before described. The United States has never 
laid a capitation tax ; the state of Massachusetts assesses a 
poll tax of two dollars on every male inhabitant above the 
age of twenty years. 

Clause 5. " No tax or duty shall be laid on articles 
exported from any State.'' 



CIVICS FOR ELEMENTARY SCHOOLS 61 

England restricted the colonists in shipping their products 
out of the country, and as an export tax would be a restric- 
tion on the states in their trade with foreign countries, 
without any corresponding ])enefit to the states, the right 
to impose an export tax was denied Congress. 

Clause 6. ^^ No preference shall be given by any 
regulation of commerce or revenue to the ports of 
one State over those of another; nor shall vessels 
bound to or from one State be obliged to enter, clear, 
or pay duties, in another/' 

We see by the above clause that all states stand on the 
same basis as to foreign trade, and that there is free trade 
between the states. 

We have seen how under the Articles of Confederation 
New York State laid a duty on the produce of the Xew 
Jersey farmers ; this clause forbids any such duties, and 
guarantees free trade between the states. 

Clause 7. " Xo money shall be drawn from the 
treasury^ but in consequence of appropriations made 
by law : and a regular statement and account of the 
receipts and expenditures of all public money shall be 
published from time to time.'' 

Appropriations of Money. — The president could not 
draw his salary unless Congress made an appropriation 
for it. Each year Congress passes bills making the appro- 
priations for carrying on the Government, specifying in 
detail the amounts for all the departments of the Govern- 
ment. 



62 CIVICS FOR ELEMENTARY SCHOOLS 

Each year the Treasury Department publishes a report 
of the money received and expended, tells whence it was 
received and for what it was spent. Volumes of these 
reports can be found in the Congressional Library. 

Clause 8. ^^ No title of nobility shall be granted 
by the United States; and no person holding any 
office of profit or trust under them shall without the 
consent of the Congress, accept of any present, emol- 
ument, office, or title, of any kind whatever, from any 
king, prince, or foreign state." 

Titles of Nobility. — Absence of a nobility or titled aris- 
tocracy is one of the foundation stones of a republic. There- 
fore the granting of such titles is prohibited, and Congress 
has passed a law which makes a foreigner holding such a 
title renounce it before he can become a citizen of the 
United States. This clause also is a guard against bribery 
of the officers of the United States by foreign powers. 



CHAPTER VIII. 
POWERS DENIED THE STATES, 

Sections 8 and 9 have told us what the United States 
Government is allowed to do, and what it is not allowed to 
do by the states ; and as the Constitution is an agreement 
between the central Government of the United States and 
the individual states, there must of course be some acts 
that the individual states cannot perform. Section 10 
informs us of the powers denied the states. Should any 
state pass a law, or do any act denied it in this section, 
such law or act could be declared of no effect by the United 
States Supreme Court. The states are prohibited from 
emitting bills of credit, yet the State of Missouri after it 
was admitted passed an act permitting the issue of bills of 
credit, and the matter being brought to the United States 
Supreme Court, the act was declared unconstitutional and 
of no effect. 

Secti07i 10. Clause 1. ^^^o State shall enter into 
any treaty, alliance, or confederation; grant letters 
of marque and reprisal; coin money; emit bills of 
credit; make anything but gold and silver coin a ten- 
der in payment of debts ; pass any bill of attainder, 
ex'post'facto law, or law impairing the obligation of 
contracts ; or grant any title of nobility." 

This clause leaves no doubt that the treaty making power 
belongs to the United States, that the United States only 

63 



64 CIVICS FOR ELEMENTARY SCHOOLS 

can commission privateers, and that the control of the 
issuing of money is also in the central Government. 

The Dartmouth College Case. — The State of New 
Hampshire passed a law taking the powers of the trustees 
of Dartmouth College from them, and placing it in the control 
of the State Government. The trustees appealed to the 
Supreme Court of United States, Daniel Webster acting 
as attorney for the trustees. The Court declared the act 
of the state unconstitutional and void, as it impaired the 
obligation of a contract. 

Clause 2. ^^ No State shall^ vrithout the consent 
of the Congress, lay any imposts or duties on im- 
portSj or exports, except what may be absolutely 
necessary for executing its inspection law^s; and the 
net produce of all duties and imposts laid by any 
State on imports or exports shall be for the use of 
the treasury of the United States, and all such laws 
shall be subject to the revision and control of the 
Congress.'' 

The United States Controls Imports. — Under the 
Articles of Confederation each state laid duties on imports, 
some high, some low, and confusion resulted. This clause 
leaves the power to lay duties on imports with the United 
States, except for inspection purposes. In some states men 
are appointed to inspect food products that may be im- 
ported into the state, and the cost of this inspection can 
be collected by the state. 



CIVICS FOR ELEMENTARY SCHOOLS 63 

Clause 3. ^^ No State shall, without the consent of 
Congress, lay any duty of tonnage, keep troops or 
ships-of-war in time of peace, enter into any agree- 
ment or compact with another State or with a foreign 
power, or engage in war, unless actually invaded, or 
in such imminent danger as will not admit of delay/' 

Duty of tonnage means duty on ships. It can readily 
be observed from this clause that Congress has the sole 
power of laying duties. 

Keeping troops in time of peace does not refer to the 
militia, who are not kept by the state unless in its pay and 
in actual service : this clause leaves the whole war-making 
power in the hands of Congress. The states are forbidden 
by this clause to enter into any agreement with another 
state, because the constitution is the agreement that binds 
the states together, and any other compact would tend to 
destroy it. There was for some years after the Revolution 
fear that, on account of our weakness, some European nation 
would obtain control of some of the states, and the states 
were forbidden to make any agreement or compact with a 
foreign power, thus leaving all diplomatic intercourse in 
control of the United States. 

We have now finished the study of Article I. of the Consti- 
tution which has to do entirel}^ with the legislature — the 
law-making power of the Government. After the laws are 
made they must be enforced and executed, and some power 
must be devised for this purpose. The Constitutional 
Convention made everj^ provision for this executive power 
in Article II., which we will now proceed to consider. 



CHAPTER IX. 
THE PRESIDENT. 

In considering Article II. , which has to do with the execu- 
tive function of the Government, we must bear in mind that 
this function calls for power to perform acts and enforce 
laws. 

In providing for this function the framers of the Constitu- 
tion were confronted with a difficult task, as, while it is 
necessary to give the power to some individual or set of 
individuals, this grant of power must be so limited that it 
cannot become tyranny in the hands of an evil person or 
persons. 

The Constitution, as will be seen by this Article II. , grants 
the executive power to one person, and designates his 
qualifications, manner of election and term of office, and 
specifies his powers and duties. We have learned in 
Article I. that Congress has power to impeach and to try 
the executive officer, should he overstep his powers or fail 
in his duty. 

Article II. 

Section 1. Clause 1. " The executive power shall 
be vested in a President of the United States of 
America. He shall hold his office during the term 
of four years, and, together with the Vice-President 
chosen for the same term, be elected as follows: 

66 



CIVICS FOR ELEMENTARY SCHOOLS 67 

Clause 2. "^ Each State shall appoint, in such 
manner as the legislature thereof may direct, a num- 
ber of electors, equal to the whole number of sena- 
tors and representatives to which the State may be 
entitled in the Congress; but no senator or represen- 
tative, or persons holding any office of trust or profit 
under the United States shall be appointed an 
elector." 

Clcnise 3. ■' The electors shall meet in their respec- 
tive States, and vote by ballot for two persons, of whom 
one, at least, shall not be an inhabitant of the same 
State with themselves; and they shall make a list of 
all the persons voted for, and of the number of votes 
for each, which list they shall sign and certify, and 
transmit, sealed, to the seat of the Government of the 
United States, directed to the President of the 
Senate. The President of the Senate shall, in the 
pi^esence of the Senate and House of Representatives, 
open all the certificates: and the votes shall then be 
counted. The person having the greatest number of 
votes shall be President, if such number be a major- 
ity of the whole number of electors appointed; and 
if there be more than one who have such a majority 
and have an equal number of votes, then the House 
of Representatives shall immediately choose by ballot 
one of them for President; and if, no person having 
a majority, then, from the five highest on the list, the 



68 CIVICS FOR ELEMENTARY SCHOOLS 

said House shall^ in like manner^ choose the Presi- 
dent; butj in choosing the President, the votes shall 
be taken by States, the representation from each 
state having one vote; a quorum for this purpose 
shall consist of a member or members from two-thirds 
of the States; and a majority of all the States shall be 
necessary to a choice. In every case, after the choice 
of the President, the person having the greatest num- 
ber of votes of the electors shall be the Yice-Presi- 
dent. But, if there should remain two or more who 
have equal votes, the Senate shall choose from them, 
by. ballot, the Vice-President. '' 

The Electoral College. Clause 2 provides for a num- 
ber of men from each state, all of whom are to meet together 
and vote for two natural-born citizens for President and 
Vice-President. The men are to be appointed as the state 
legislature may direct. The different state legislatures 
have passed laws by which these electors are at the pre- 
sent time elected by the people in the same manner as 
other civil officers are elected. It will be noticed that 
citizenship is not a qualification of a presidential elector. 

Weakness of Clause 3 as Displayed in the First 
Four Elections. — Let us follow out the actual working of 
Clause 3 during the early history of the United States. At 
the first election Washington received 69 votes and John 
Adams 34. These being the two highest of all those voted 
for, Vv'ashington was declared President and John Adams 



CIVICS FOR ELEMENTARY SCHOOLS 69 

Vice-President. At the next election in 1792 Wa^ihingtun 
was highest on the list with 132 votes and Adams next with 
77. They were accordingly elected President and Vice- 
President a second time. Washington refused to be a can- 
didate for a third time and thus set an example which has 
since been followed, no third-term candidate as yet having 
been voted for. There is, however, no law to prevent a 
President being elected three or more times. 

At the election in 1796 John Adams of the Fedei-alist 
Party received 71 votes, and Thomas Jeflerson of the 
* Republican Party received 6S votes; and, being the two 
highest on the list voted for, Adams was elected President 
and Jeflerson Vice-President. Here we see a weak point 
in this clause — if Adams had died, Jeflerson, who belonged 
to the opposite political party, the party in the minority, 
would have become President ; and during four j^ears the 
two highest oflSces in the Government were held by men of 
difterent political beliefs and thoughts. This did not lead 
to harmony and good feeling at the head of the Government. 

In 1800 Thomas Jeflerson received 73 votes and Aaron 
Burr received 73 votes — a tie. The election according to 
this clause devolved on the House of Representatives, and 
there Jeflerson received the votes of ten states and Burr 
received the votes of four states. The former was accord- 
ingly elected President and the latter Vice-President. 

Amendment of Clause 3. — In the meantime the people 
discovered the weakness of this clause, and before the next 
election an amendment (the 12th) was added to the Consti- 

* Now known as the Democratic Party. 



70 CIVICS FOR ELEMENTARY SCHOOLS 

tiition correcting this defect. This amendment changes the 
method of voting by the electors so that they vote for one 
man for President, and another man for Vice-President ; 
and if the highest on the list of candidates for President 
does not receive a majority, the House of Kepresentatives 
elects one from the highest three on the list. 

eTohn Qaincy Adams was elected President in this manner 
by the House of Representatives, the only President so 
elected. 

If the highest on the list of those voted for by the elec- 
tors for Vice-President does not receive a majority, the 
Senate from the two highest on the list elects a Vice-Presi- 
dent. Richard M. Johnson was thus elected by the Senate, 
although at the same election Martin Van Buren was elected 
President by a majority of the electoral votes. 

This method of voting by the electors has now become a 
mere form, because the candidates are picked out by the 
people ; and the electors are in honor bound to vote for the 
candidate of the people or party who elected them. The 
President and Vice-President therefore come nearer to 
being elected by popular vote than was the intention of the 
framers of the Constitution. 

The Election of 1876. — In 1876 Florida and Louisiana 
each sent in two sets of electoral returns, one set voting for 
Mr. Tilden's electors, and one set voting for Mr. Hayes' 
electors. As there was no provision in the Constitution 
and no law on the statute books for a case like this, Con- 
gress appointed a commission of fifteen, five from the House 
of Representatives, five from the Senate, and five from the 



CIVICS FOR ELEMENTARY SCHOOLS 71 

Supreme Court. This commission decided by a vote of 
eight to seven in favor of Mr. Hayes' electors. Congress in 
1887 passed a law applicable to cases of this kind. 

Clause 4. ''The Congress may determine the time 
of choosing the Electors, and the day on which they 
shall give their votes; which day shall be the same 
throughout the United States." 

At present the electors are voted for on the Tuesday 
next after the first Monday in November, and the electors 
vote on the second Monday in January. 

Clause 5. ^^ ^o person, except a natural-born citi- 
zen or a citizen of the United States at the time of the 
adoption of this Constitution, shall be eligible to the 
office of President ; neither shall any person be eligible 
to that office who shall not have attained to the age 
of thirty-five years, and been fourteen years a resi- 
dent within the United States.'' 

The above clause is self explanatory ; by it the office is 
guarded against foreign intrigue and corruption. The re- 
quired residence of fourteen years allows the citizens to 
gain a knowledge of the man and his attachment to his 
country. 

Clause 6. ^^In case of the removal of the Presi- 
dent from office, or of his death, resignation, or ina- 
bility to discharge the powers and duties of the said 
office, the same shall devolve on the Vice-President; 



72 CIVICS FOR ELEMENTARY SCHOOLS 

and the Congress may by law provide for the case of 
removal, death, resignation, or inability, both of the 
President and Yice-President, declaring what officer 
shall then act as President, and such officer shall act 
accordingly until the disability be removed, or a 
President shall be elected.'' 

Law of Succession. — Five Presidents have died in 
office and have been succeeded by Vice-Presidents ; William 
H. Harrison was succeeded by John Tyler in 1841. Zachary 
Taylor was succeeded by Millard Fillmore in 1850. Abra- 
ham Lincoln was succeeded by Andrew Johnson in 1865, 
James A. Garfield by Chester A. Arthur in 1881, and Wm. 
McKinley was succeeded by Theodore Roosevelt in 1901. 
There has never been a vacancy in both offices at the same 
time. Congress has provided by law if such a case should 
occur, that the members of the cabinet in the order of the 
creation of the office shall act as President, till another shall 
be elected. This order is as follows : Secretary of State, 
Secretary of the Treasury, Secretary of War, Attorney 
General, Postmaster General, Secretary of the Navy, Secre- 
tary of the Interior, Secretary of Agriculture and Secretary 
of Commerce and Labor. 

In the event of a cabinet officer acting as President, a new 
election would be held, the next November, on the Tuesday 
following the first Monday. He could not serve out the 
full presidential term as does the Vice-President. 

Clause 7. '^ The President shall^ at stated times, 
receive for his services a compensation, which shall 



CIVICS FOR ELEMENTARY SCHOOLS 73 

neither be increased nor diminished dnrin^ the period 
for which he shall have been elected; and he shall 
not receive within that period any other emolument 
from the United States, or any of them." 

Salary of the President. — Until President Grant's 
second term the salary of the President was twenty-five 
thousand dollars a year. During Grant's first term an 
act was passed making the salary fifty thousand dollars a 
year, and it has so remained ever since. The President 
is given a residence and is furnished some servants. The 
provisions in this clause concerning increase of salary during 
his term of office and emolument from the United States or 
any state are to guard against briber} . 

Clause 8. ^^ Before he enter on the execution of his 
office, he shall take the following oath or affirmation: 
^I do solemnly swear (or affirm) that I Avill faithfully 
execute the office of President of the United States ; 
and will, to the- best of my ability, preserve, protect, 
and defend the Constitution of the United States.' " 

All Vice-Presidents who have succeeded to the office of 
President have taken this oath. 

Section 2. Clause 1. ^^ The President shall be the 
commander-in-chief of the army and navy of the 
United States, and of the militia of the several States 
when called into the actual service of the United 
States ! he may require the opinion, in writing, of the 
principal officer in each of the executive depart- 



74 CIVICS FOR ELEMENTARY SCHOOLS 

meiitSj upon any subject relating to the duties of their 
respective offices; and he shall have power to grant 
reprieves and pardons for offences against the United 
States, except in cases of impeachment.'' 

The President's War Powers. — As the President is the 
executive or enforcing function of the Government, it is 
proper that he should be commander-in-chief of the army 
and navy. As yet no President has acted on the field of 
battle ; but in time of war, Presidents in office at the time 
have issued many orders to both naval and military officers. 
The President generally issues his orders through the exec- 
utive departments. The heads of the executive departments 
compose the cabinet. These were enumerated when we 
considered the succession to the Presidency in case of 
vacancy in the offices of President and Vice-President. 

In 1898 President McKinley, through the head of the 
Navy Department, Secretary Long, ordered Admiral Dewey 
to find and destroy the Spanish fleet, which order the Admiral 
carried out with a thoroughness hitherto unknown in naval 
history. 

In 1846 President Polk ordered General Taylor to march 
the United States army across the Nueces River and go to 
the Rio Grande on the Mexican frontier. This was the first 
military move in the Mexican War. Congress soon after 
declared that war existed* 

The President as commander-in-chief in time of war can 
make use of so called war measures which will tend to place 
the enemy at a disadvantage. 



CIVICS FOR ELEMENTARY SCHOOLS 75 

President Lincoln in 1863 issued the Emancipation Pro- 
clamation as a war measure. As this freed the slaves of 
those at war with the United States it was evidently to the 
disadvantage of the enemy. 

The Heads of Departments, or the Cabinet. — The 
heads of departments in addition to special reports made at 
the request of the President, now make annual reports which 
are printed for the information of the people. 

The Secretary of State reports on our relations with 
foreign countries, concerning negotiations and correspon- 
dence with them, these aftairs being in his charge. 

The report of the Secretary of the Treasury contains 
information as to the amount of money collected and ex- 
pended, the amount of the debt, interest on the debt, the 
amount of money on hand, and all other matters relating 
to the finances of the nation. 

The Secretary of AVar is head of the war department and 
his annual reports show in detail everything connected with 
the military service. 

The Attorney-General reports as to the condition of the 
affairs of justice, it being the duty of his department to 
attend to all the law business in which the United States 
may be interested. His department prosecutes all breaches 
of the United States laws, which come before the Supreme 
Court, and gives legal opinions and advice to the President 
on request. 

The Postmaster General reports on all matters connected 
with carrying the mails. 

The Secretary of the Navy reports on the condition of the 



76 CIVICS FOR ELEMENTARY SCHOOLS 

navy. This department is directly under his immediate 
control and includes the ships, docks, dockyards, naval 
depots and arsenals. 

The Secretary of the Interior has charge of the public 
lands, surveys, explorations, pensions, patents, and trans- 
actions with the Indians ; and on all these matters he makes 
annual reports. 

The Secretary of Agriculture superintends all the agricul- 
tural interests of the country, distributes seeds, makes 
experiments in regard to new methods of cultivation and 
reports the results of all these transactions. These reports 
when printed are distributed among the farmers, and tend 
to the general welfare of the country at large. The weather 
reports are also in charge of the Secretary of Agriculture. 

The Secretary of Commerce and Labor reports on the 
condition of commerce, labor, and the vast system of inland 
transportation ; it is his duty to see that the transportation 
companies conduct their business in a lawful manner. He 
also has charge of the Census Bureau. 

Each of these secretaries receives a salary of eight thou- 
sand dollars per year, and they meet on appointed days 
with the President to discuss the affairs of the nation. 

We shall learn that the individual state governments are 
very similar to that of the United States ; but this feature 
of a number of secretaries acting as a cabinet or advisory 
council is entirely wanting in the state governments. In fact, 
this feature is nowhere contemplated in the United States 
Constitution, and is the result of gradual growth. In the 
early history of our country there were but three secretaries. 



CIVICS FOR ELEMENTARY SCHOOLS 77 

The Pardoning Power. — The last sentence of Clause 1 
refers to the President's power to pardon. This power 
exists in all good governments and is generally in the hands 
of the executive department. President Madison pardoned 
General William Hull, who had been sentenced to be shot 
for cowardice in the War of 1812. Twelve years after 
being pardoned, Hull proved to the country that his con- 
viction was an error. 

President Lincoln in 1863 issued a pardon to certain 
of the southern people who had been in rebellion against 
the United States ; and after the Civil War President 
Johnson issued pardons at three different times granting 
amnesty and the rights of citizenship to many of those 
persons who had been engaged in the war against the 
Union. 

Claused. ^^He shall have power, by and with the 
advice and consent of the Senate, to make treaties, 
provided two-thirds of the Senators present concnr; 
and he shall nominate, and by and with the advice 
and consent of the Senate shall appoint ambassadors, 
other pnblic ministers, and consuls, judges of the 
Supreme Court, and all other officers of the United 
States whose appointments are not herein otherwise 
provided for, and which shall be established by law; 
but the Congress may by law vest the appointment 
of such inferior officers as they think proper in the 
President alone, in the courts of law or in the heads 
of departments/' 



78 CIVICS FOR ELEMENTARY SCHOOLS 

Treaties are usually negotiated by the President or his 
representatives and then sent to the Senate for their consent. 

In like manner the names of men appointed to the vari- 
ous otHces of the government are sent to the Senate for 
their approval. The action of the Senate is more that of 
consenting or refusing than of advising. 

Civil Service Laws.— -In accordance with this clause 
Congress has vested the power of appointment to many 
inferior offices, in the heads of departments, and has passed 
acts called Civil Service laws, whereby the applicants for 
such offices are compelled to pass competitive examinations, 
showing fitness for the position sought. These laws also 
insure the successful applicant the right to hold the position 
undisturbed by political pressure as long as he is fit to do 
the required work. 

Clause 3. "^^The President shall have power to fill 
up all vacancies that may happen during the recess 
of the Senate by granting commissions^ which shall 
expire at the end of their next session." 

Filling Vacancies. — This clause does away with the 
necessity of calling a special session of the Senate to ratify 
appointments, which may become necessary on account of 
the death of ambassadors, judges or other officers, while 
Congress is not in session. When the Senate meets, how- 
ever, in the next regular session, an appointment must be 
made by the President and confirmed by the Senate to fill the 
place of the one made ad interim. 



CIVICS FOR ELEMENTARY SCHOOLS 79 

Section 3. ^^ He shall, from time to time, give to 
the Congress, information of the state of the Union, 
and recommend to their consideration such measures 
as he shall judge necessary and expedient; he may, 
on extraordinary occasions, convene both Houses, or 
either of them, and, in case of disagreement between 
them with respect to the time of adjournment, he 
may adjourn them to such time as he shall think 
proper; he shall receive ambassadors and other public 
ministers; he shall take care that the laws be faith- 
fully executed, and shall commission all the officers 
of the United States." 

The President's Message.— It has become a custom 
for the President to send a message to Congress at the 
beginning of each regular session, informing them of our 
relations with foreign nations and of our internal condi- 
tions ; these messages are often accompanied by reports 
from each member of the Cabinet giving the condition of 
his department. 

The Monroe Doctrine. — President Monroe, in one of 
his messages to Congress, informed them that the Ameri- 
can Continent must not hereafter be considered as territory 
in which sovereignty could be acquired by European nations, 
either by colonization or otherwise. The substance of this 
message has since been known as the Monroe Doctrine, and 
while it never became part of a treaty or a statute, it has 
been recognized by American statesmen as an unwritten law. 



80 CIVICS FOR ELEMENTARY SCHOOLS 

It was in pursuance of this doctrine that the United 
States Government, after the Civil War, notified the 
Emperor of France to withdraw his troops from Mexico ; 
and Maximilian, the usurper, being thus deprived of 
foreign assistance, was dethroned and shot by the 
Mexicans. 

Extra Sessions.— President Martin Van Buren (1837) 
called an extra session of Congress to consider ways and 
means to improve the condition of the country which had 
just passed through a financial panic. He sent a message 
to them recommending the establishment of the inde- 
pendent treasury system. 

The two Houses of Congress have never had a disagree- 
ment as to time of adjournment, so it has never been nec- 
essary for the President to exercise his prerogative of 
adjourning them. 

As negotiations with foreign nations are conducted by 
the President, he is, of course, the proper oflScial, and his 
the proper department of government, to receive ambassa- 
dors and representatives of other governments. 

This clause emphasizes the fact that the Presidential 
office is the executive department of the Government by 
declaring that he shall take care that the laws be faithfully 
executed. 

As the President, with the Senate, appoints all the 
officers of the Government, it becomes his duly to give 
them commissions, which are documents authorizing them 
to act. 



CIVICS FOR ELEMENTARY SCHOOLS 81 

Section 4. " The President, Yice-President, and 
all civil officers of the United States, shall be 
removed from office on impeachment for, and con- 
viction of, treason, biubery, or other high crimes and 
misdemeanors.'' 

This clause designates who may be impeached and 
makes it mandatory that those impeached on conviction 
shall he removed from office ; the offences for which an 
official may be impeached are also here enumerated. 



CHAPTER X. 
THE COURTS OR JUDICIAL DEPARTMENT. 

From Articles I. and II. we have learned the make up, 
powers and duties of the Legislative and Executive func- 
tions of the Government. We now know the qualifications 
of Representatives and Senators, we know what powers they 
have to make laws for the United States, and what powers 
are denied them, what privileges are theirs, and their con- 
nection as law makers with the President. 

We have been informed as to what manner of man may- 
be elected President, how he may be elected, and what he 
may or may not do in enforcing the laws of the United 
States after he is elected. 

Necessity of the Courts. — In Article III. we shall learn 
the composition of tlie judicial department of the Govern- 
ment. The framers of the Constitution knew from the 
experience of mankind that differences of opinion as to 
the meaning of the clauses in the Constitution would arise, 
that there would be disagreements among citizens and states 
as to the interpretation of the laws of Congress ; and they 
therefore established the judicial department as a court 
which could decide and settle these differences and dis- 
agreements. 

They were also aware that in the future, as in the past, 
men would be either rightfully or wrongfully accused of 

82 



CIVICS FOR ELEMENTARY SCHOOLS .^3 

crime, and a court thus established could decide as to the 
guilt or innocence of the accused, and punish him if con- 
victed. 

Article III. 

Section 1. '^ The judicial power of the United 
States shall be vested in one Supreme Court, and in 
such inferior courts, as the Congress may, from time 
to time, ordain and establish. The judges, both of 
the Supreme and inferior courts, shall hold their 
offices during good behavior; and shall^ at stated 
times, receive for their services a compensation, 
which shall not be diminished during their continu- 
ance in office." 

The United States Judicial System. — The Supreme 
Court now consists of eight associate judges and a chief 
judge. Congress under this clause has esta1)lished inferior 
courts from time to time. The whole United States is 
divided into nine circuits. In each circuit is established a 
circuit court ; each of the circuit courts has a judge of the 
Supreme Court assigned to it, besides three circuit judges, 
except two circuits which have only two circuit judges each. 

The United States is further divided into seventy-six 
judicial districts, each presided over by a district court judge. 

As the United States cannot be sued by a citizen or a 
state. Congress established in 1855 a Court of Claims, to hear 
and determine claims against the United States. If any 
such claims should be established against the United States 
it would be necessary for Congress to pass a law appropri- 



84 CIVICS FOR ELEMENTARY SCHOOLS 

ating the money to pay them, as we have already learned 
that no money can be drawn from the treasury unless 
through an appropriation of Congress. 

This court consists of one chief judge and four associate 
judges. 

Congress has also established a Court of Private Land 
Claims, consisting of one chief judge and four associate 
judges ; this Court determines controversies invohang a 
certain class of claims arising under United States laws 
relating to land grants in the recently acquired territory of 
the United States. 

Cases may be appealed from the District and Circuit 
Courts to the Supreme Court for final judgment. The 
Supreme Court became so crowded with these appeals that 
in 1891 Congress established a Circuit Court of Appeals to 
relieve the Supreme Court. This Court consists of a 
Supreme Court judge, a Circuit Court judge and a judge 
appointed for this particular Court. 

Conofress has also established courts in the District of 
Columbia having jurisdiction of the District, and has also 
established courts in the territories with territorial jurisdic- 
tion. 

From time to time special courts have been created by 
Congress for considering special cases. The court of Span- 
ish War Claims is an instance of this kind. 

The Judges. — All the judges of the regular courts are 
appointed by the President with the consent of the Senate 
and hold oflSce during good behavior, and are thus depen- 
dent on no influence for continuing in office. The fact 



CIVICS FOR ELEMENTARY SCHOOLS 85 

that their pay cannot be diminished during their continuance 
in office also makes them independent of Congress. 

These judges, appointed by the President and confirmed 
by the Senate, are removed from all political pressure, so 
far as income and tenure of office are concerned, and hence 
should render impartial and unbiased opinions. 

Court Officers. — The officers of the United States Courts 
are Clerks, Marshals, a Reporter of the Supreme Court, and 
Attorneys. Each court appoints its own clerk. The Dis- 
trict Attorney and Marshal are appointed by the President 
with the consent of the Senate. The Clerk keeps and 
cares for the records of all the proceedings of the court, the 
Marshal is the executive officer of the court and carries out 
the orders and judgments of the court, serves papers and 
makes arrests. The Reporter makes reports of all cases 
decided, and these reports are printed and bound, thus 
forming books of reference to inform lawyers of the way 
law points have been decided. To a certain extent these 
decisions become part of the law of the land. 

Each District has a district attorney who represents the 
United States in all cases in which the Government is a 
party. The United States Courts admit lawyers to practice, 
and when so admitted they become officers of the court. 

Jurisdiction of United States Courts. — Havins: now 
learned how the court is constituted, let us consider what 
power it has, and in w^hat cases it has jurisdiction. 

Section 2. Clause 1. ^^ The judicial power shall 
extend to all cases hi law and equity arising under 



86 CIVICS FOR ELEMENTARY SCHOOLS 

this Oonstitutioiij the laws of the United States, and 
treaties made or which shall be made under their 
authority; to all cases affecting ambassadors, other 
public ministers, and consuls; to all cases of admi- 
ralty and maritime jurisdiction; to controversies to 
which the United States shall be a party; to contro- 
versies between two or more States; between a State 
and citizens of another State; between citizens of 
different States; between citizens of the same State 
claiming lands under grants of different States, and 
between a State, or the citizens thereof, and foreign 
States, citizens, or subjects.'' 

The eleventh amendment to the Constitution provides 
that a citizen of one state cannot sue another state in the 
United States Court. 

We have referred to a Reporter of the Supreme Court : 
Alexander J. Dalhis was Reporter of the United States 
Supreme Court from 1789 to 1800. In the second volume 
of his reports is reported a case tried in the Supreme Court 
in which Chief Justice Jay clearly explains Clause 1 of this 
section. He says : 

Opinion of Chief Justice John Jay. — " The Judicial 
power extends to all cases affecting ambassadors, other 
public ministers, and consuls ; because as these officers are 
of foreign nations whom this nation is bound to protect and 
treat according to the laws of nations, cases affecting them 
ought to be cognizable only by national authority : 



CIVICS FOR ELEMENTARY SriTDOLS 87 

'* To all cases of admiralty and maritime jurisdiction ; 
because as the seas are the joint property of nations, whose 
rights and privileges relative thereto are regulated by the 
laws of nations and treaties, such cases necessarily belong to 
national jurisdiction : 

"To controversies to which the United States shall be a 
party ; because in cases in which the whole people are inter- 
ested, it would not be equal or wise to let any one state 
decide and measure out justice due to others : 

"To controversies between two or more states; because 
domestic tranquillity reijuires that the contention of states 
should be peacefully terminated b}' a common judiciary and 
because, in a free country, justice ought not to depend on 
the will of either of the litigants : 

"To controversies between citizens of the same state 
claiming lands under grants of diiferent states ; because, as 
the ri2:hts of the two states to i^^rant the land are drawn into 
question, neither of the two states ought to decide the con- 
troversj^ : 

"To controversies between a state or the citizens thereof, 
and foreign states, citizens or subjects ; because as every 
nation is responsible for the conduct of its citizens toward 
other nations, all questions touching the justice due to for- 
eign nations or people ought to be ascertained by and 
depend on national authority." 

Some Important Cases. — The United States District 
Court tried Aaron Burr for treason in 1807. In 1819 the 
United States Supreme Court decided that the law passed 
by Congress creating the United States Bank is constitu- 



SR CIVICS FOR ELEMENTARY SCHOOLS 

tional. In 1855 the United States District Court for the 
Eastern District of Pennsylvania tried Henry Hertz for 
hiring persons to go out of the United States to enlist in 
the British foreign legio^n for the Crimea. This was a case 
arising under the neutrality laws of nations or laws whereby 
one country not at war is bound to prevent its citizens from 
aiding either of the nations who are at war. 

Clause 2. ^-In all cases affecting ambassadors, 
other public ministers, and consuls, and those in 
which a State shall be party, the Supreme Court shall 
have original jurisdiction. In all the other cases 
before mentioned, the Supreme Court shall have 
appellate jurisdiction, both as to law and fact, 
with such exception and under such regulations as 
the Congress shall make." 

Original and Appellate Jurisdiction. — When a court 
has original jurisdiction it has authority to try a case or 
matter in dispute without its having been considered in 
any manner in any other court. When a court has appel- 
late jurisdiction it considers cases that have been previ- 
ously tried in some inferior court, and have been appealed 
to this court of appellate jurisdiction for a final decision. 

The original jurisdiction of the Supreme Court is very 
limited. It meets only at Washington and it would be a hard- 
ship for citizens living say, in California, to try their cases 
in Washington ; so they are permitted to try them in the 
District Court or Circuit Court in that state. The Constitu- 
tion expressly insists in the next clause that crimes against 



CIVICS FOU ELEMENTARY SCHOOLS 89 

the United States shall be tried in the state in which they 
were committed. 

The most important cases tried by the Supreme Court 
have been those heard on appeal from either the Circuit or 
District Courts. The decisions in the Dred Scott case 
which at one time were of the utmost importance, and which 
have already been referred to, were rendered by the 
Supreme Court acting as a Court of Appeals. This Court 
is sometimes called a court of last resort, and a tribunal of 
this kind is embodied in the system of justice adopted by 
every state. 

The words 'Maw'' and "fact," as to the manner they are 
treated by a court, may be explained now. In a trial 1)\^ a 
jury, the jury, except in a few special cases, only considers 
the facts, the judge or judges interpreting the law ; but 
wiien the case is appealed to the court of last resort there is 
no jury, and the judges in most cases consider only the law. 

Clause 3. ^^ The trial of all crimes^ except in cases 
of impeachment, shall be by jury; and such trial 
shall be held in the state where the said crimes shall 
have been committed ; but, when not committed with- 
m any state, the trial shall be at such place or places 
as the Congress may by law have dh-ected." 

A Trial Jury. — A trial jury consists of twelve impartial 
and intelligent men who are selected by the combined judg- 
ment of the Court, the District Attorney (in a criminal 
case) and the lawyer of the accused. These men listen to 
the evidence against and for the accused, and to arguments 



90 CIVICS FOR ELEMENTARY SCHOOLS 

for and against him by the lawyers. The judge decides on 
all matters of law that may arise, rejects unlawful evidence, 
and tells the jury their duties as laid down by the law^ The 
jury thenn-etires and after deliberation brings in a verdict 
of conviction or acquittal. If they do not agree, a new trial 
may be had. 

The trial must be held in the state in which the crime is 
committed as that locality is more convenient for all parties 
interested. To force the accused to a distant part of the 
country, w^ould deprive him of the opportunity of obtaining 
witnesses and perhaps the assistance of friends and needed 
counsel. 

Congress has provided by law for the trial of crimes com- 
mitted in the territories and on the high seas. In the case 
of a crime committed on the high seas, the trial is held in 
the state at which the vessel first makes port after the crime 
has been committed. 

Section 3. Clause 1. ^^Treason against the United 
States shall consist only in levying war against them, 
or in adhering to their enemies, giving them aid and 
comfort, ^o person shall be convicted of treason 
unless on the testimony of two witnesses, to the same 
overt act, or on confession in open court." 

Definition of Treason. — We all remember the powerful 
speech of Patrick Henry (1765) in the House of Burgesses 
of Virginia, in which he said :" Caesar had his Brutus, 
Charles I. his Cromwell and George HI." — He was inter- 
rupted by his hearers, with cries of " Treason, treason!" 



CIVICS FOR ELEMENTARY SCHOOLS 91 

According to the law of some countries at that time, the 
use of this hmofuagre was treason. The framers of the Con- 
stitution made a great advance in liberal government, when 
in this clause they limited treason to consist of actual war 
against the Government or the giving aid and comfort to its 
enemies. They were, no doubt, guided in the matter by 
their previous experience with the English and colonial 
government. Making the evidence consist of at least two 
witnesses puts it out of the power of one unscrupulous man 
to condemn as a traitor an innocent citizen. 

Cases of Treason. — An instance of treason in ^i^ivmor aid 
to the enemy happened in the War of 1812. In 1813 Cap- 
tain Decatur, in command of two United States war vessels, 
the Macedonian and Hornet^ was blockaded in Xew London 
harbor. He had fixed on the night of December 12 to 
run the blockade. The night was dark and other circum- 
stances were favorable. When everything was ready to 
make the attempt, Decatur was informed by some of his 
lookouts that blue signal lights were burning on both sides 
of th3 river. These lights had been placed there by traitors 
to w^arn the British blockaders of Decatur's plan to escape 
to sea with his vessels. The guilty ones were never dis- 
covered. There has been but one case of the death penalty 
for treason since the foundation of the government. This 
case was that of William B. Mumford, who in 1862 hauled 
down the.United States flag from the mint in New Orleans, 
and afterwards acted in such a manner that General Butler 
had him arrested and tried for treason. He was convicted 
and hancred. 



92 CIVICS FOR ELEMENTARY SCHOOLS 

Clause 2. "^^The Congress shall have power to 
declare the punishment of treason; but no attainder 
of treason shall work corruption of bloody or forfeit- 
ture, except during the life of the person attainted.'' 

Punishment for Treason. — Congress declared by law 
in 1790 the punishment of treason to be death by hangings- 
In 1862 another law was passed making the punishment 
death or at the discretion of the court imprisonment for five 
years and a fine often thousand dollars. The words attain- 
der and attainted are in this clause used in the sense of con- 
viction and convicted. 

In former times if a father were convicted of treason in 
the life-time of the grandfather, the children could not 
inherit any property from the grandfather, this property all 
being forfeited to the government, thus working injury to the 
innocent children and their descendants. To quote Mr. Madi- 
son in the Federalist — '^ The Convention have restrained 
Congress from extending the consequences of guilt beyond 
the person of its author." 



CHAPTER XI. 

DUTIES OF THE UNITED STATES TO THE STATES, AND 
DUTIES OF EACH STATE TO THE OTHER STATES. 

The first three articles of the Constitution which we have 
just discussed, treat of the composition, power and duties 
of Congress, the President and the courts, in whom are 
respectively vested the legislative, executive and judicial 
functions. 

The remaining articles treat of some of the rights of the 
states, and of the citizens, also of the duties of the states to 
one another and to citizens. 

Article IT. 

Section 1. '^ Full faith and credit shall be given in 
each State to the public acts, records, and judicial 
proceedings of every other State. And the Con- 
gress, may by general laws, prescribe the manner in 
which such acts, records, and proceedings shall be 
proved, and the effect thereof.'' 

Public Acts of the State. — The public acts of a state 
are the laws enacted by its legislature. The Legislature 
of Colorado has enacted that the legal rate of interest in the 
State is eight per cent. A judgment obtained on a note 
made in Colorado with interest at the legal rate, could be 
collected in New York State, if the maker lived and owned 

93 



94 CIVICS FOR ELEMENTARY SCHOOLS 

property in that State, although the legal rate in New York 
is only six per cent, because New York must give ''full 
faith and credit" to the ''public acts and judicial proceedings" 
of Colorado. 

A Judgment. — When one man has a claim against 
another for money or other property and sues for it in a 
state court, the decision of the court is called a judgment 
and is a record of that court. By this clause every other 
state in the Union is compelled to recognize this judgment 
without any other trial. Congress has enacted that this 
record shall be proved by the judge and the clerk of the 
court witnessing it under the seal of the court. 

Section 2. Clause 1. "^^ The citizens of each State 
shall be entitled to all privileges and immunities of 
citizens in the several States. '^ 

This clause means that a citizen of New Jersey or of any 
other state travelling in New York shall have every privi- 
lege that a citizen of New York State has. In other words, 
no state can impose any hardships on a citizen of the United 
States because of the fact that the citizen is not a resident 
of that particular state. 

Clause 2. ^^ A person charged in any State with 
treason, felony or other crime, who shall flee from 
justice, and be found in another State, shall, on 
demand of the executive authority of the State, from 
which he fled, be delivered up, to be removed to the 
State having jurisdiction of the crime.'' 



CIVICS FOR ELEMENTARY SCHOOLS 05 

Requisition Papers. — In 1793 Congress passed a law 
which ill substance provides that the governor of the state 
from which the accused })erson has fled shall make requisi- 
tion on the governor of the state to which the person has 
gone. This requisition mu>t be accompanied by papers show- 
ing the charge against the accused, and the proof that he is 
a fugitive from justice. When these papers are correct, the 
accused is delivered to the state whence he fled, there to be 
treated according to the law of that state. 

Clause 3. ^^ Xo person held to service or labor 
ill one State under the laws thereof, escaping into 
another, shall, in consequence of any law or regula- 
tions therein, be discharged from such service or 
labor, but shall be delivered up on claim of the party 
to whom such service or labor may be due." 

This clause refers to slavery and, as slavery was abol- 
ished l)y the thirteenth amendment, the clause is not now a 
part of our law. 

Section 3. Clause 1. " j^ew States may be ad- 
mitted by the Congress into this Union ; but no new 
State shall be formed or erected within the jurisdic- 
tion of any other State, nor any State be formed by 
the junction of two or more States, or parts of States, 
without the consent of the Legislatures of the States 
concerned, as Avell as of the Congress.'' 

Territories. — The first state admitted into the Union 
was Vermont, in 1791. Vermont was at onetime a part of 



96 CIVICS FOR ELEMENTARY SCHOOLS 

New York and New Hampshire, and was not admitted until 
the legislatures of these states gave their consent. 

Clause 2. ^^ The Congress shall have power to 
dispose of and make all needful rules and regulations 
respecting the territory, or other property, belonging 
to the United States; and nothing in this Constitu- 
tion shall be so construed as to prejudice any claims 
of the United States or of any particular State." 

Authority Over Territories is Vested in Congress. 

— All the territory outside the limits of the original thirteen 
states eventually came under the control of Congress, and 
until this became populous enough to be admitted as states, 
it had to be regulated by some authority. By this clause 
this authority was vested in Congress. It will be noted 
that authority over territories is vested in Congress, not 
in the people of the territory. 

Congress accepted the Ordinance of 1787 as the law gov- 
erning the Northwest Territory. The important clause in 
this Ordinance was that slavery should not exist in any 
state that might be erected out of this territory. This had 
an important bearing on the history of the United States. 

Disposition of Territory. — The United States has under 
this clause given land to soldiers and sailors of the various 
wars ; it has encouraged the settlement of the frontiers, by 
making the price of large tracts nominal to persons who 
would make their homes on the land. The liberal policy of 
the government in this respect has been a great factor in the 
rapid growth of the country. 



CIVICS FOR ELEMENTARY SCHOOLS ^;7 

The Government has promoted the building of railroads 
across wild and unsettled reo:ions bv ofivino^ land to the rail- 
road companies. 

Acting under the powers given it by this clause Congress 
has set aside from the territory of the United States the 
Yellowstone Park, to be a grand public park for the use 
and enjoyment of the people forever. 

Government of Territories. — Congress organizes and 
establishes the government of the territories. The Presi- 
dent and the Senate appoint the governor and judges of the 
Supreme Court and some other officers. The people of the 
territory elect the members of the legislature : but all laws 
pai^sed by the territorial government must be sul)mitted to 
Congress for final consideration. The Territory of Utah 
passed laws permitting polygamy, which were nullified by 
the United States Congress. 

The people of a territory elect one delegate to Congress 
who has the right to speak on measures, but cannot vote. 

Section 4. ^^ The United States shall guarantee to 
every State in this Union a repnblican form of gov- 
ernment, and shall protect each of them against 
invasion, and, on application of the legislature or of 
the executive (when the legisLature cannot be con- 
vened) against domestic violence." 

The United States Protects the States. — This clause 
insists that each state shall have a republican form of gov- 
ernment. By building forts on the coasts, and organizing 



98 CIVICS FOR ELEMENTARY SCHOOLS 

an army and a navy, the government has taken steps to 
protect the states against invasion. 

In the war of 1812 the troops gi^arded the Canada 
frontier, and the ships the coast. 

In 1894 President Cleveland sent United States troops to 
Chicago to quell a riot, thus protecting the State of Illinois 
against domestic violence. He did this, not at the request 
of the legislature or the executive, but on the ground that 
it was necessary to protect the United States Mails. 

Article Y. 
^^ The Congress, vrhenever two-thirds of both 
Houses shall deem it necessary, shall propose amend- 
ments to this Constitution, or, on the application of 
the legislatures of two-thirds of the several States, 
shall call a convention for proposing amendments, 
which, in either case, shall be valid to all intents and 
purposes, as part of this Constitution, when ratified 
by the legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as 
the one or the other mode of ratification may be pro- 
posed by the Congress: Provided that no amend- 
ment which may be made prior to the year one thou- 
sand eight hundred and eight shall in any manner 
affect the first and fourth clauses in the ninth section 
of the first article; and that no State, without its 
consent, shall be deprived of its equal suffrage in the 
Senate." 



CIVICS FOR ELEMENTARY SCHOOLS 99 

Necessity of Making Amendments. — The makers of 
the Constitution realized that in the course of time progress 
would be made in government as well as in all other crea- 
tions of man, and this progress would demand change in 
methods. By inserting this clause they provided a way of 
adding to or changing the Constitution. The final approval 
of three-fourths of the states is necessary for a change, the 
majority being large enough to prevent hasty or careless 
alterations in the Constitution. 

Nineteen amendments have been proposed at different 
times by two-thirds of both Houses, fifteen of which have 
been ratified b}^ the legislatures of three-fourths of the states 
and have therefore become part of the Constitution. We 
shall have reason farther on to consider these amendments. 

The forbidding the alteration of the " first and fourth 
clauses in the ninth section of the first article'' has reference 
to slavery, and has no weight now. 

Equal Suffrage in the Senate. — The last sentence in 
this clause, " And that no State without its consent, shall be 
deprived of its equal suffrage in the Senate," was inserted 
after considerable opposition in the convention on the last 
day of the session. And it guarantees forever to each state 
as long as it desires, its two votes in the Senate. 

Article YI. 
Clause 1. ^'All debts contracted and engage- 
ment entered into, before the adoption of this Consti- 
tution, shall be as vahd against the United States, 
under this Constitution, as imder the Confederation.'^ 



100 CIVICS FOR ELEMENTARY SCHOOLS 

Foundation of the Credit of the United States. — We 
have ah'eady referred to the money borrowed by the Conti- 
nental Congress, while working under the Articles of Con- 
federation, and its inability to repay it. This clause gave 
to the creditors of the United States a guarantee that the 
change of the Government from the Articles of Confedera- 
tion to the Constitution would in no way interfere with the 
])ayment of the old obligations and debts of the Government ; 
and it is also a pledge that treaties and engagements entered 
into will be carried out. 

After the organization of the government, Alexander 
Hamilton, Secretary of the Treasury, submitted a plan for 
the payment of these old debts. This plan was adopted by 
the Government, and thus was made firm the credit of the 
United States. 

Clause 2. ^^ This Constitution, and the laws of the 
United States which shall be made in pursuance 
thereof 5 and all treaties^ made^ or which shall be made^ 
under the authority of the United States^ shall be the 
supreme law of the land ; and the judges m every 
State shall be bound thereby, anything in the Consti- 
tution or laws of any State to the contrary notwith- 
standing.'' 

The Supreme Law of the Land. — This clause was in- 
serted in order that there might be no doubt as to the 
supreme law of the land. And the Supreme Court of the 
United States has exercised this supreme authority, and in 
many cases has declared unconstitutional and void not only 



CIVICS FOR ELEMENTARY SCHOOLS 101 

legislative acts of different states, but also parts of state con- 
stitutions. 

The State of Xew Jersey entered into a contract with 
some Indians as to land occupied by them, abolishing the 
taxes on their land forever. When the Indians sold their 
land to other people, the state tried to tax the land. The 
United States Supreme Court declared this act unconstitu- 
tional and void, as it was an act violating the obligations of 
the old contract Avith the Indians. 

The Dartmouth College case already referred to was 
another case in which the Supreme Court of the United 
States declared the unconstitutionality of the law of a 
state. 

Clause 3. '^ The Senators and representatives 
before mentioned, and the members of the several 
State legislatnres, and all executive and judicial 
officers both of the United States and of the several 
States, shall be bound by oath or affirmation to sup- 
port this Constitution; but no religious test shall 
ever be required as a qualification to any office of 
public trust under the United States." 

It is supposed that the ceremony of taking an oath or 
making a solemn affirmation appeals to the honor of and 
all that is best in a man, and thus causes him to act 
uprightly. Hence all the officers of the different depart- 
ments of the United States and state governments are 
required to make oath or affirmation as laid down in this 
clause. 



102 CIVICS FOR ELEMENTARY SCHOOLS 

State Officers Bound by the Constitution. — The sev- 
eral state governments are connected with the United States 
Government, as we can readily see by referring to the 
clauses in the Constitution denying certain rights and privi- 
leges to the United States. For instance, a state legislator 
would violate his oath if he voted for a law to impose a tax 
on goods imported from another state into his own, a gov- 
ernor would be untrue to his obligations if he tried to col- 
lect such a tax, and a judge would break his pledge in 
deciding such a case lawful. 

We have already seen that in some of the early colonial 
governments, a religious test was required not only to vote 
but also to hold public office. These qualifications always 
led to troubles and bitter feelings, and the last sentence in 
this clause was inserted to do away with tMs cause of dis- 
sension, in a free government, so far as it applied to holding 
office. 

Article YII. 

^^ The ratification of the Convention of nine States 
shall be sufficient for the establishment of this Con- 
stitution between the States so ratifying the same.'' 

Discussion and Ratification of the Constitution. — 

How and when the thirteen States ratified the Constitution 
in accordance with this article we have learned in a previous 
chapter. 

From the time the Constitutional Convention finished its 
work, September 17, 1787, until its ratification by the con- 
ventions of eleven states, nearly a year elapsed. 



CIVICS FOR ELEMENTARY SCHOOLS KiS 

During this time the Constitution was thoroughly dis- 
cussed in the state conventions and among the people. The 
great statesmen of the time made speeches concerning it 
from the platform, and wrote articles in the press, in which 
all the ideas contained in this famous document were thor- 
oughly considered. 

The most famous of these articles were written by Madi- 
son, Hamilton and Jay. These have been collected and 
published under the name of "The Federalist." 

Bill of Rights. — In all the discussions we note the fear 
on the part of the people and the states of giving up to 
Congress and the Central Government rights and privi- 
leges that they thought should be exercised only by the 
people and the States. And it was often stated that the 
Constitution contained no Bill of Rights — that is to say, a 
complete statement of the rights of the people. Hamilton's 
statement in 'The Federalist'' in reply to this is, "The truth 
is, that the Constitution is itself in every rational sense, and 
to every useful purpose, a Bill of Rights." 

As a result of all these discussions, there arose among 
the people an understanding that Congress would at the 
first opportunity propose amendments that would include 
the matters discussed and considered before the ratification. 

Accordingly on September 25, 1789, Congress proposed 
the first ten amendments which were ratified by the States 
December 15, 1791. These and all other amendments have 
the same eftect as if they had been included in the original 
Constitution. Let us now consider the clauses of the 
amendments. 



CHAPTER XII. 

THE AMENDMENTS. 

Article I. 

" Congress shall make no law respecting an estab- 
lishment of religion, or prohibiting the free exercise 
thereof; or abridging the freedom of speech, or of 
the press; or the right of the people peaceably to 
assemble, and to petition the government for a 
redress of grievances.'' 

At the time this article was drawn, many European 
countries supported religious establishments and imposed 
restrictions on those of a different reHgion than that estab- 
lished by the country. It was fear of similar restrictions 
that caused the people to insist on this sentence of this 
article. 

Freedom of speech and of the press, as expressed in this 
article, does not give the right to wrongfully injure the 
character or business of persons by words, either spoken or 
written. 

The right of the people peaceably to assemble, and the 
right of petition, are regarded as rights necessary to the 
preservation of liberty; and, consequently, this safeguard 
was placed here. 
104 



CIVICS FOR JlLEMENTARY SCHOOLS 105 

Article II. 
^^A well-regulated militia being necessary to the 
security of a free state, the right of the people to 
keep and bear arms shall not be infringed." 

The militia organization has been previously explained. 
The* individual states exercise some restrictions on the 
bearing of arms by the people, it being unlawful to carry 
concealed weapons in many states. 

Article III. 

^^1^0 soldier shall in time of peace be quartered 
in any house without the consent of the owner; nor 
in time of war but in a manner to be prescribed by 
law." 

To quarter soldiers means to lodge or place them in a 
house. It will be remembered that the citizens of the 
colonies refused to compl}^ with the Quartering Act passed 
by Parliament ordering them to furnish quarters to the 
British soldiers in time of peace. 

Article IV. 
"The right of the people to be secure in their 
persons, houses, papers, and effects, against unrea- 
sonable searches and seizures shall not be violated; 
and no warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons 
or things to be seized." 



106 CIVICS FOR ELEMENTARY SCHOOLS 

Search Warrant. — A search warrant is a writing 
issued by a judge or court upon sworn evidence, alleging 
violation of the law in the place to be searched and 
describing the persons or things to be seized in the place, 
and without this warrant no officer has a right to search a 
house or premises. Warrants have been issued upon 
sworn evidence to search places for counterfeit money, 
arrests have been made, and materials and counterfeit 
money seized. Without a warrant, however, the officers 
could not lawfully enter such premises against the wishes 
of the owner. 

Article Y. 

^* No person shall be held to answer for a capital, 
or otherwise infamous crimen unless on a present- 
ment or indictment cf a grand jury, except in cases 
arising in the land or naval forces, or in the militia, 
when in actual service^ in time of war or public 
danger; nor shall any person be subject, for the 
same offense, to be twice put in jeopardy of life or 
limb; nor shall he be compelled, in any criminal 
case, to be a witness against himself; nor be de- 
prived of life, liberty, or i^roperty, without due pro- 
cess of law; nor shall private property be taken for 
public use, without just compensation.'' 

The rights enumerated in this article are all common 
law rights in England, rights that gradually grew into the 
judicial system of England. 



CIVICS FOR ELEMKNTARY SCHOOLS 107 

A capital crime is one i)unishable with death; infamous 
crimes are tho^e punishable with long terms of imprison- 
ment. 

The Grand Jury. — A grand jury consists of a number 
of men chosen by an officer of the court from among the 
citizens ; the number must be not less than twelve nor 
more than twenty-three, twelve of whom must agree in 
order that a presentment or indictment may be found. 

Presentments and Indictments. — A presentment is 
found by a grand jury on its own information. An 
indictment is an accusation against a person, drawn by a 
government officer, called the District Attorney. The 
indictment nmst clearly charge the time, place, and nature 
of the offense, so that the accused may have full notice 
of the charge, and be able to defend himself intelligently 
when tried before the petit jury. 

When a presentment is made by a grand jury the 
proper court officer must draw an indictment. 

It is the duty of the grand jury to examine all indict- 
ments, hear all evidence in each case, and if they believe 
the charge true they indorse on the indictment "A true 
bill," and the accused person is held for trial by a trial jury. 
If on the other hand the grand jury do not consider that 
the evidence is sufficient to convict, they indorse the 
indictment "Not found," and the accused is released. He 
may, however, be indicted a second time. 

The cases in this article which are excepted from indict- 
ment are, as is readily understood, in the department of 



108 CIVICS FOR ELEMENTARY SCHOOLS 

military justice, and are tried by court-martial, which pro- 
ceeding has been previously described. 

Jeopardy of Life or Limb. — " No person shall be twice 
put in jeopardy of life or limb for the same oiffense," means 
that a person after being tried by a trial jury and found 
not guilty shall not be again tried for the same offense. 
The distinction between an indictment and a trial will here 
be noted — a person can be indicted more than twice, as 
indicting is not considered putting life and limb in jeopardy. 

If atrial jury disagree, there has been no jeopardy of 
life or limb, and another trial is held. A convicted per- 
son has a right to appeal for another trial, if he thinks 
mistakes have been made in the first one ; but in a case of 
a verdict of " not guilty," no matter how many mistakes 
may have been made in the trial, the accused can not again 
be tried. 

Protection of Witnesses. — In ancient times persons 
were compelled even by torture to be witnesses against 
themselves. As men advanced in civilization, they real- 
ized the injustice and wickedness of these practices, and it 
became a part of the law that no man could be compelled 
to testify against himself; and now it is unlawful to com- 
pel a witness to say anything that would tend to criminate 
him or even disgrace him before his fellow-men. 

By "due process of law," in this article, is meant regular 
indictment and trial by jury, as just explained. 

Right of Eminent Domain. — It sometimes becomes 
necessary for the government to take private property for 



CIVICS FOR ELEMENTARY SCHOOLS 109 

public buildings, fortifications, national cemeteries, dock- 
yards, military and naval schools, and even post roads. But 
this property cannot be taken svithout paying the owner. If 
the government and the owner cannot agree upon the price, 
a number of men acting as a jury decide on the value of 
the property, which must be accepted by the owner. 

This right of the government to take private property 
for public use on payment of just compensation is called 

the "right of eminent domain." 

f 

Article VI. 

"In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial by an 
impartial jury of the state and district wherein the 
crime shall have been committed, which district shall 
have been previously ascertained by law; and to be 
informed of the nature and cause of the accusation ; 
to be confronted with the witnesses against him; to 
have compulsory process for obtaining witnesses in 
his favor; and to have the assistance of counsel for 
his defense." 

Protection of the Accused in Criminal Prosecution. 

— A person charged w^ith a crime can be confined in a 
prison before his trial. This article provides that he shall 
not remain long in confinement before he is proved either 
guilty or innocent. Congress, as we have seen, divided 
the United States by law into judicial districts ; and the 
accused must be tried in the one in which the crime was 



no CIVICS FOR ELEMENTARY SCHOOLS 

committed, in order that he may the more readily obtain 
assistance and evidence. The indictment informs the 
accused of the nature of his offense and, the trial being 
public, he is confronted with the witnesses against him. 
The part of Article VI. we haye just discussed is derived 
from the old common law. The last sentence of this 
article is part of the English Statute Law. A witness 
whose evidence is desired at court is given a paper, called a 
subpoena, ordering him to appear at a stated time. Should 
he not obey this order, he may be arrested and held a 
prisoner till he has given his evidence, and may also be 
further punished by the court. 

T\\Q '^subpoena is issued by an officer of the court, gen- 
erally by one of the lawyers. If the accused is too poor to 
hire a lawyer, the court may assign a lawyer to defend 
him at the expense of the government. A lawyer so 
assigned could be compelled to assume the duty without 
pay, as lawyers are officers of the court and must obey all 
its orders. 

Article YII. 

^^Iii suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of 
trial by jury shall be preserved; and no fact, tried 
by a jury, shall be otherwise re-examined in any 
court of the United States than according to the 
rules of the common law." 

Trial of Civil Suits by Jury. — This article refers to 
civil suits or cases in which one citizen sues another for 



CIVICS FOR ELEMENTARY SCHOOLS HI 

money or property ; and where the value is over twenty 
dolhirs the case must be tried by a trial jury, if one or 
both parties to the suit desire it. As the jury's duty is to 
determine the facts and the judge's duty is to determine 
the law, if the case should be appealed to a higher court, 
the facts as determined by the jury cannot be re-examined 
except according to the rules of the common law. 

Article VIII. 

^^ Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel and unusual punish- 
ments inflicted." 

Bail. — When a person charged with a crime is arrested 
and imprisoned he ma}^ apply to a judge to release him on 
bail until the time of his trial. Bail is a pledge of property 
given by a friend or friends of the accused to the court. If 
the accused should not appear in the court on the day ap- 
pointed for the trial, the property pledged is forfeited. 
This article requires that the pledge given should not be 
so large that it would be impossible for the accused to ob- 
ti^in it. 

Fines are sometimes imposed as a punishment for 
olienses ; these fines must not be out of proportion to 
the offense. 

In olden times such punishments as burning alive, brand- 
ing with hot irons, putting out the eyes and otherwise 
maiming the body were made use of. Such cruel and 
unusual punishments are forbidden by this article. 



112 CIVICS FOR ELEMENTARY SCHOOLS 

Article IX. 
^^ The enumeration in this Constitution of certain 
rights shall not be construed to deny or disparage 
others retained by the people. '^ 

Article X. 
" The powers not delegated to the United States 
by the Constitution^ nor prohibited by it to the States, 
are reserved to the States respectively, or to the 
people.'' 

Powers of Government Originally Belonged to 
States. — These two clauses show plainly that all rights 
and powers of government were originally with the states 
or the people, and only those given to the United States as 
indicated in the Constitution have been surrendered. All 
other rights and powers still remain to the people. 

Powers Reserved to the States. — These rio^hts and 
powers so reserved are many. The state and people have 
full control in all matters concerning education. The 
schools and colleges are in no manner under the jurisdiction 
of the United States. State laws define many crimes and fix 
the punishment therefor, regulate marriage and divorce, 
and have jurisdiction over railroads and canals within their 
borders. The Erie Canal was built b}^ New York State. 

The people in the cities and towns build roads, water- 
works, schools, libraries and other public buildings, and 
maintain police and fire departments. These are but a few 
instances showing the exercise of the rights and powers of 
the states and the people. 



CIVICS FOR ELEMENTARY SCHOOLS 118 

The Constitution a Compact Between the People 
and the Central Government. — In fact we shall learn as 
we proceed, that the Constitution is a compact or agree- 
ment between the people and the central government, 
whereby such rights and powers are delegated to the cen- 
tral government as will give it a place among nations of the 
earth and enable it to maintain that place against all attacks 
from without and dissensions from within ; and at the same 
time the Union is enabled to keep pace with the march of 
civilization by developing the natural advantages of the 
country for the benefit of all the states and all the people. 

Article XL 
^^ The judicial power of the United States shall not 
be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United 
States by citizens of another State, or by citizens or 
subjects of any foreign State." 

This article was explained when we discussed Section 2, 
Clause 1, of Article III. of the Constitution. 

Equity. — Equity is that branch of jurisprudence that 
goes beyond the strict construction of documents that the law 
generally gives ; equitj^ is the handmaid of law in that it 
assists in the rendering of true rather than technical justice. 

We can illustrate this as follows : A man may borrow ten 
thousand dollars on a house worth fifteen thousand dollars, 
giving a pledge, called a mortgage, for the whole house, that 
at a certain time the money will be paid. If the money is 



114 CIVICS FOR ELEMENTARY SCHOOLS 

not paid on time the lender may sue for it, recover judgment, 
and the house must be sold to repay him. If the house 
brings fifteen thousand dollars, equity will not permit him 
to keep it all, only such amount as is legally due him. 

This is equitable justice, as it is right that the lender 
sliould receive only that which belongs to him, and the 
borrower should have also his own equity in the house. 

Article XII. 
" The electors shall meet in their respective States 
and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of 
the same State with themselves ; they shall name in 
their ballots the person voted for as President, and 
in distinct ballots the person voted for as Yice-Presi- 
dent; and they shall make distinct lists of all persons 
voted for as President, and of all persons voted for as 
Vice-President, and of the number of votes for each; 
which lists they shall sign and certify, and transmit, 
sealed, to the seat of the Government of the United 
States, directed to the President of the Senate. The 
President of the Senate shall, in presence of the 
Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted: 
The person having the greatest number of votes for 
President shall be the President, if such number be 
a majority of the whole number of Electors appointed ; 
and if no person have such a majority, then from the 



CIVICS FOR ELEMENTARY SCHOOLS 115 

persons having the highest numbers, not exceeding 
three, on the list of those voted for as President, the 
House of Representatives shall choose immediatelj, 
by ballot, the President. But, in choosing the 
President, the votes shall be taken by States, the 
representation from each State havmg one vote; a 
quorum for this purpose shall consist of a member 
or members from two-thirds of the States, and a 
majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall 
not choose a President, whenever the right of choice 
shall devolve upon them, before the fourth day of 
March next following, then the Yice-President shall 
act as President, as in the ease of the death, or other 
constitutional disability, of the President. The person 
having the gi'eatest numbei- of votes as Yice-Presi- 
dent shall be the Yice-President, if such number be 
a majority of the whole number of Electors appointed; 
and if no person have a majoiity, then, from the two 
highest numbers on the list, the Senate shall choose 
the Yice-President; a quorum for the pm'pose shall 
consist of two-thirds of the w^hole number of 
Senators; and a majority of the whole number shall 
be necessary to a choice. But no person constitu- 
tionally ineligible to the office of President shall be 
eligible to that of Yice-President of the United 
States;^ 



116 CIVICS FOR ELEMENTARY SCHOOLS 

This article was fully explained when we considered the 
manner of electing the President and Vice-President in 
Clause 2, Section 1, Article II., of the Constitution. 

Article XIII. 

Section 1. "Neither slavery nor involuntary ser- 
vitude, except as a punishment for crime, Avhereof 
the party shall have been duly convicted, shall exist 
within the United States, or any place subject to 
their jurisdiction.'^ 

Section 2. "Congress shall have power to enforce 
this article by appropriate legislation." 

This article was adopted in 1865 and abolished slavery 
throughout the United States. 

Article XIY. 

Section 1. "^^ All persons born or naturalized in 
the United States, and subject to the jurisdiction 
thereof, are citizens of the United States, and of the 
States wherein they reside. TsTo State shall make or 
enforce any law which shall abridge the privileges 
or immunities of citizens of the United States; nor 
shall any State deprive any person of life, liberty, or 
property, without due process of law, nor deny to 
any person within its jurisdiction the equal protec- 
tion of the laws." 

This section was passed to define the civic position of 
the emancipated slaves as well as for their protection. 



CIVICS FOR ELEMENTARY SCHOOLS 117 

Section 2. ^^ Representatives shall be apportioned 
along the several States according to their respective 
numbers, counting the whole number of persons in 
each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of 
Electors for President and Vice-President of the 
United States, Representatives in Congress, the ex- 
ecutive and judicial officers of a State, or the mem- 
bers of the legislature thereof, is denied to any of 
the male inhabitants of such State, being twenty-one 
years of age and citizens of the United States, or in 
any way abridged, except for participation in rebel- 
lion or other crime, the basis of representation 
therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in 
such State." 

We have learned that the states deterniiue who may 
be voters ; this section provides that when a state for any 
cause except one of a treasonable or criminal nature, pre- 
vents any number of male citizens over twenty-one from 
voting that state shall be deprived of exactly that number 
in the count for representatives in Congress. 

Section 3. ^^ No person shall be a Senator or 
Representative in Congress, or Elector of President 
and Vice-President, or hold any office, civil or mili- 
tary, under the United States or under any State, 



118 CIVICS FOR ELEMENTARY SCHOOLS 

who, having previously taken an oath as a member 
of Congress, or as an officer of the United States, or 
as a member of any State legislature, or as an exec- 
utive or judicial officer of any State, to support the 
Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof. 
But Congress may, by a vote of two-thirds of each 
House, remove such disability/' 

This section refers to those officers of the United States 
and state governments, who aided the Confederates during 
the Civil War. Since the adoption of this amendment the 
disabilities have been removed from all the persons on 
whom they once rested. 

Section 4. " The validity of the public debt of 
the United States authorized by lavsr, including debts 
incurred for payment of pensions and bounties for 
service in suppressing insurrection and rebellion, 
shall not be questioned. But neither the United 
States nor any State shall assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss 
or emancipation of any slave ; but all such debts, obli- 
gations, and claims shall be held illegal and void." 

Status of Debts of the Civil War. — The first part of 
this section not only refers to the debts contracted in the 



CIVICS FOR ELEMENTARY SCHOOLS 119 

Civil War, but to all the public debts. The latter part of 
the section refers to debts and losses of the Confederates 
and was adopted into the organic law of the land in order 
to avoid any annoying litigation and law suits. 

Section 5. ^^ The Congress shall have power to 
enforce, by appropinate legislation, the provisions of 
this article." 

This section or any similar section following an article 
in the Constitution is unnecessary, for it is admitted by 
all, and the United States Supreme Court has decided that 
where a right or privilege is given the power to enforce it 
is also granted as a matter of course. 

xVllTICLE XY. 

Section 1. ^' The right of citizens of the United 
States to vote shall not be denied or abridged by 
the United States, or by any State, on acconnt of 
race, color, or previous condition of servitude.'' 

Section 2. ^^The Congress shall have power to 
enforce this article by appropriate legislation.'' 

This article was adopted to permit the emancipated 
colored population to vote ; this is the only place in the 
Constitution or Amendments where the right of the state to 
determine who may be voters is interfered with. 



CHAPTER XIII. 
STATE GOVERNMENTS. 

In 1776 the Continental Congress advised each of the 
colonies to form a government for itself independent of the 
Government of Great Britain. The Colonial Governments 
at this time were of three kinds— Royal, Proprietary and 
Chartered. 

Royal Governments.— The Royal Governments were 
under the immediate control of the Crow^n. The King of 
England appointed the governors and some other officers, 
and the laws passed by the legislature were subject to the 
revision of the Crown. New Hampshire, New Jersey, 
North and South Carolina and Georgia were Royal Govern- 
ments in 1776. 

Proprietary Governments. — In the Proprietary Gov- 
ernments the proprietors appointed the governors and 
exercised the function which in the Royal Governments 
were exercised by the Crown. The Government of Great 
Britain was, however, considered as the sovereign power 
of these, as well as of the Royal colonies. Pennsylvania, 
Maryland and Delaware were Proprietary Governments 
until the Revolution. 

Chartered Governments. — When the Revolution broke 
out there were three colonies organized under charters 

120 



CIVICS FOR ELEMENTARY SCHOOLS 121 

granted by the English Government : Massachusetts, whose 
charter provided that the governor should be appointed by 
the Crown, but the legislature and other officers should be 
elected by the people ; Connecticut and Rhode Island, 
whose charters provided for the election of all the officers 
by the people. The charters of these two colonies were 
so liberal that they remained as the fundamental law of the 
states long after the organization of the United States 
Government. Connecticut did not adopt a new Constitu- 
tion until 1818 and Rhode Island was governed under the 
old charter until 1842, when a new state Constitution was 
adopted . 

State Constitutions. — In accordance with the sugges- 
tion of the Continental Congress all the colonies except 
Connecticut and Rhode Island organized new governments 
by adopting state Constitutions. All the Constitutions 
have been materially changed since. The new states that 
have been admitted into the Union have adopted Constitu- 
tions approved by the United States Government. Each 
State in the Union now has a Constitution in accord with 
the Constitution of the United States. 

If we examine these state Constitutions we shall learn 
that they embody the same principles of government as 
are found in the United States Constitution. Each of 
them divides the state government into three functions — 
the legislative, the executive and the judicial. 

The State Legislature. — The legislative or law-making 
body of the state consists of two branches, the upper house, 



122 CIVICS FOR ELEMENTARY SCHOOLS 

called a Senate, and the lower house, generally called a 
, House of Representatives. The lower house is the more 
numerous branch. The term of service varies in different 
states. In New York State the senators serve two years, 
the members of the lower house one year. In Massachu- 
setts, the members of both houses serve the same period — 
one year. The members of the state legislature are elected 
by the voters of the state, the state being for this purpose 
divided into senate districts and legislative districts, all the 
senate districts having as near as may be equal population, 
and all legislative districts having likewise equal popula- 
tion. Thus New York State is divided into fifty senate 
districts and one hundred and fifty assembly districts. In 
this state the lower branch is known as the Assembly. 

Each branch of the legislature is, in nearly all the states, 
the judge of the returns and qualifications of its own mem- 
bers. It elects its own officers, whose duties are the same 
as the duties of the officers of the corresponding houses of 
Congress. The lieutenant-governor, where there is one, 
is presiding officer of the state Senate, as the Vice-Presi- 
dent is presiding officer of the United States Senate. 

The Qovernor, the State Executive Officer. — The 

supreme executive officer of the state is the governor 
who is elected by the voters of the state. The term of 
service varies in the different states from one year to four 
years. Most of the states also elect a lieutenant-governor 
having the same qualifications as the governor, who suc- 
ceeds the latter officer in case of death, resignation or 
disability. 



CIVICS FOR ELEMENTARY SCHOOLS 123 

The qualifications of all state elective officers differ in 
different states, as to age, time of residence and citizenship. 

The Making of State Laws. — The state legislatures 
pass laws in a manner similar to the procedure of the 
United States Congress — the bill being passed by a majority 
of each house, and then being signed b}' the governor. In 
nearly all the states the governor has a veto power which 
*may be overcome by a two-thirds vote of both houses. 
Each house, as in Congress, has standing committees for 
the consideration of bills coming under the department for 
which the committee is appointed. Among these committees 
w^e may mention Committee on Cities, Committee on Edu- 
cation, Committee on Canals, Committee on Insurance, 
Committee on Rules, and Committee on Railroads. The 
name of each committee indicates its duties. 

Heads of Department of State Governments. — We 
have seen that in the United States Government the Presi- 
dent with the Senate appoints the Secretary of State, and 
other heads of the executive departments. In the state 
governments some of these heads of department are elected. 
In most of the states the following are elected : Secretary 
of State, Treasurer, Auditor, Attorney-General. The 
executive officers who are not elected are appointed by the 
governor with the advice and consent of the state Senate, 
except in a few states where other provisions are made for 
the confirmation of appointments. In Massachusetts ap- 
pointments are confirmed by the Governor's Council, a 
board of nine men elected each year by the voters. 



124 CIVICS FOR ELEMENTARY SCHOOLS 

In most of the states the governor has the power of 
pardoning, except in cases of impeachment. Those states 
that have not given the pardoning power to the governor 
have reposed this power in the hands of a board of men 
designated by law for this purpose. 

The power of impeachment of state oflScers is with the 
lower and more numerous branch of the state legislature, 
and the impeachments are tried by the state Senate or by 
the Senate jointly with the highest state court. 

The Judicial Function of a State.— The Constitution 
of each state provides for a Supreme Court and other 
inferior courts. In most of the states the judges are 
selected by the people, those of the higher courts for long 
terms. In some states the judges are appointed for life by 
the governor ; in others the judges are elected by the legis- 
lature. In Massachusetts the judges are appointed for life ; 
in New York State the term of a Supreme Court judge, 
and also of a judge of the Court of Appeals, is fourteen 
years. These terms, whether for life or for a long period 
of time, are established in order that the judges may be 
entirely free from political influence of any nature, as far 
as a reelection is concerned. 

It is a general principle in nearly all the states that no 
person can hold more than one public oflSce at the same 
time. 

Amendment of State Constitution. — As the Consti- 
tution of the United States is from the people, so the 
Constitution of each state is the creation of the people, and 
in no state can an act of the state legislature amend the 



CIVICS FOR ELEMENTARY SCHOOLS 125 

state Constitution. But each state Constitution provides 
for its amendment. The general principle is that the 
amendment must be first passed hv the state legislature, 
and then submitted to the voters for their sanction. But 
in some states the amendment may originate in a convention 
called for that purpose. Each state Constitution contains 
a Bill of Rights, which is an assertion and enumeration of 
the people's rights, of which they are not to be deprived 
by any persons who may be elected or appointed to oflice. 

Rights of Citizens of a State. — These rights are about 
the same as those enumerated in the United States Consti- 
tution, some of which we may repeat here ; viz., the writ of 
habeas corpus shall not be suspended except when public 
safety requires it. Xo citizen shall be deprived of any 
rights except by the law of the land. The right of trial by 
jury shall remain inviolate. Religious liberty is guaran- 
teed. Excessive bail shall not be imposed. The rights of 
private property are maintained. All rights of a person 
accused of a crime are maintained, as in the United States 
Constitution. Freedom of speech and of the press is main- 
tained. The right to assemble and petition shall not be 
infringed. Treason is defined. Search warrants are re- 
quired in order to enter and search a house. 



CHAPTER XIV. 

USE OF LAWFUL POWERS BY A STATE GOVERNMENT. 

We have now learned that the machinery for carrying 
on a state government is very similar to that adopted and 
used by the United States Government. Let us now con- 
sider what the state does with this machinery. The United 
States Constitution says in substance that the states can do 
all those things that they have not empowered the United 
States to do, also the states can do all those things that the 
United States Constitution does not forbid them to do. 
We readily see then that the states have not given up, nor 
have they been forbidden powers in the matters which we 
will now take up and explain separately. 

State Taxes. — The money necessary to keep this state 
government machinery going is raised by taxing the 
people. No state can tax imports, exports, tonnage, or 
United States bonds, the latter being by United States 
law free from taxation. The states practically tax all 
other property, including lands with the buildings thereon, 
called real property, and all movable property, animate and 
inanimate, called personal property. Some states grant 
licenses to conduct certain forms of business, for which 
they collect large sums in fees. Some states allow the 
power of granting licenses to remain with the city or town 
government. Some states tax the property left by persons 

126 



CIVICS FOR ELEMENTARY SCHOOLS 127 

at death ; this is called an inheritance tax. All states tax 
corporations whose headquarters are in the state. 

Corporation. — A corporation is a l)ody of men joined 
together to act as one for accomplishing business ends, 
as building and conducting transportation lines, working 
mines or plantations, carrying on shipyards and other 
industries that require much capital and many men. These 
corporations act under a charter given by the state. This 
charter is in the nature of a law or set of rules for the gov- 
ernment of the corporation in all its transactions. Banks 
are corporations, some acting under United States charter 
and some under state charter. All banks are taxed by the 
states. The states exempt from taxation public buildings 
and lands, as public hospitals, court houses, public parks, 
etc. Some states also exempt buildings and lands used 
solely for religious purposes. 

Assessment and Collection of Taxes. — Each state has 
some officer or set of officers who superintend the making 
out of lists of all taxable property in the state. In some 
of these states these men then put a value on the property 
and then act as assessors. In other states, as in Massa- 
chusetts, the assessment of propertj^ is almost entirely left 
with the cities and towns. Some states are divided into 
tax districts for the purpose of assessing and collecting 
taxes. The officer collecting the taxes after they are 
assessed is called a collector. He makes returns of the 
money collected to the state treasurer, who pays out the 
money as authorized by law, the legislature controlling all 



128 CIVICS FOR ELEMENTARY SCHOOLS 

appropriations and expenditures. An officer, usually called 
an auditor, carefully looks over all the items of expense, 
and all the money expended, and authorizes all payments 
of money, taking care that no money is unlawfully spent. 
This officer is sometimes called a comptroller. 

Having described the method of raising money, let us 
see what the state does with it. 

Use of Public Funds. — The state pays the salaries and 
expenses of the officers who conduct the state government. 
It builds prisons and -provides for their care. In some 
states waterways have been opened, as the Erie Canal in 
New York State. Institutions of learning are built and 
equipped, public education is looked after, and many states 
have a system of state police. Institutions for caring for 
the state poor are provided, the state property is cared for, 
and expense incurred in preventing the wanton destruction 
of wild game, fishes, and forests is paid by the state. Each 
of these matters is under the direction of a state officer or 
board of officers called superintendents or commissioners. 

Thus the state prison commission has charge of the state 
prisons ; it is responsible for the proper conduct of the 
prisons and right treatment of the prisoners. It must see 
that all business connected with the prisons is honestly 
done, and conducted for the best interests of the state. 

Secretary of State of a State Government. — All these 
commissioners and heads of departments make reports 
generally to the secretary of state, whose duty it is to keep 
and care for them as well as for all the other state records, 



CIVICS FOR ELEMENTARY SCHOOLS 129 

except those of the couits. He also has charge of the great 
seal of the state. It will be noticed that unlike the United 
States Secretary df State he has nothing whatever to do 
with foreign countries, nor does he form part of a governor's 
cabinet, as no such thing exists, the President of the United 
States being the only officer aided by a cabinet. 

The State Militia. — The governor is commander-in- 
chief of the state militia. The officers of the militia, except 
the governor's aides, and sometimes the general command- 
ing, are elected by the active members of the companies 
and regiments. 

The state furnishes armories, uniforms and equipments 
to the men, but does not pay them except when called into 
active service by the governor to quell insurrection or re- 
pel invasion. 

Civil Service Commission. — Many states now have 
established a civil service commission similar to that of the 
United States, for the purpose of examining and classifying 
applicants for certain public offices. 

Quarantine. — States on the sea board have a quarantine 
officer or officers, for the purpose of examining all vessels 
entering their harbors and detaining them if thej^ have 
aboard persons affected with small-pox, yellow fever, or 
any other contagious or infectious disease. If this should 
be the case, the quarantine officers provide for the care of 
the sick and fumigate the vessel, detaining her until the 
danger of communicating the contagion to the citizens is 
passed. 



130 CIVICS FOR ELEMENTARY SCHOOLS 

Pure Food Laws. — Many states have also passed in- 
spection laws and appointed ofBcers to carry them out ; these 
laws are intended to secure pure foods to the people, the 
officers having the right to prevent the sale of foods not fit 
for human consumption. 

Should the inspector require legal advice or assistance he 
could obtain it from the attorney-general of the state, 
whose duty it is to care for all law suits to w^hich the state 
is a party, and to give opinions and aid to such state officers 
as may request it. 

Financial Institutions. — The states have jurisdiction 
of all savings banks and other financial institutions doing 
business under the state laws. An oflScer generally called 
a superintendent of banking has charge of this department. 
He appoints examiners who, as often as they deem it neces- 
sary, examine the books of the saving banks, state banks, 
trust and loan companies, and other chartered financial in- 
stitutions. Should they consider the condition of any insti- 
tution so examined to warrant it, they can close the 
institution. 

In like manner all insurance companies doing business 
in a state are under state supervision, and must comply 
w^ith state laws made to guard the people against fraud. 
This department, like all others, is in charge of a super- 
intendent or board of commissioners. 

Sailroads. — The states exercise a watchful care, gener- 
ally through a board of railroad commissioners, over the 
railroads in the state, to see that they conduct their busi- 



CIVICS FOR ELEMENTARY SCHOOLS 131 

ness in accordance with the provisions of the charter 
granted each railroad. If the charter is violated the rail- 
road company is reported to the attorney-general, and he 
acts as he thinks best for the interests of the state and the 
people. 

Board of Health. — Some states have a health com- 
mission whose duty it is to gather statistics concerning the 
health of the people, as well as to take charge of matters 
concerning the general health, that are not cared for by the 
towns and cities. Some towns, not wishing to incur 
expense, avoid taking precautions necessary for the public 
health, and in such cases complaints are entertained and 
attended to by the state board of health. 

Board of Canvassers. — Laws have been passed in all 
states providing for the counting of votes for the state 
officers. The boards counting these votes are known as 
state boards of canvassers, and they usually make their 
return to the secretary of state. 

Salaries of OflBLcers. — The salaries of the members of 
the legislature and state officers are paid from the state 
treasury. These salaries differ in difterent states. The 
salaries of governors vary from fifteen hundred dollars to 
ten thousand dollars per year. The salary of the governor 
of Vermont is fifteen hundred dollars, that of the governor 
of New York is ten thousand dollars. 

Bonds — If at any time the. state should need money 
other than is provided by the regular annual taxes, it can, 



132 CIVICS FOR ELEMENTARY SCHOOLS 

like the United States, raise it on bonds. These bonds 
are called state bonds. Some states have been careless in 
issuing these bonds, and have lost their credit, some even 
refusing to pay the bonds when due. 

Jurisdiction of State Courts. — The state courts are 
organized in a manner similar to the United States Courts, 
and there is a similarity in the modes of procedure. There 
are inferior courts all over the state having jurisdiction in 
cases involving matters of small value, and over small 
offences in criminal actions. From these courts cases can 
be appealed to the higher courts. 

These higher courts have original jurisdiction in criminal 
cases, and in actions involving large amounts of money. 

Most states have established courts whose sole jurisdic- 
tion is over the wills of deceased persons, and matters 
connected therewith. These courts are known as Surro- 
gate's Courts, Probate Courts, Orphans' Courts, and in 
Georgia as the Court of the Ordinary. 

Above all these courts in all the states, there is the court 
of last resort, generally known as the Court of Appeals, 
to which cases from the inferior courts may be appealed. 

Non-Uniformity ol Laws in Different States. — It 
is obvious that, with a different legislature making laws for 
each state, the state laws will be far from uniform. Some 
of these most noticeable differences are the laws regarding 
interest, the legal rate varying in many states. The state 
election laws are alike in no two states. In some states 
capital punishment is unlawful. In no two states is the 



CIVICS FOR ELExMENTARY SCHOOLS 133 

rate of taxation the same. As the laws made by each state 
cover hundreds of pages, we have not time to recount all 
these diflferences, many of which are not of material inter- 
est. We must remember that, in all matters over w^hich 
the United States has jurisdiction the laws are uniform 
throughout all the states. Thus in every state in the 
Union the tax or duty laid on imports l)y the United States 
is the same. Some states have gone further than others in 
the jurisdiction they assume over children, some compel- 
ling the children to go to school until they reach the age of 
fourteen, and making it an oflense against the state to 
employ a child under that age, while other states have made 
very little effort to compel the young children to go to 
school, or to prevent them from working at hard labor in 
factories the year round. 

In those states, having a compulsory education law, there 
is generally established a department of education in charge 
of a superintendent, whose duty it is to see that the state 
laws are complied with ; and if cities or towns are neglect- 
ful in this matter the state department compels them to do 
their duty. 



CHAPTER XV. 

COUNTY GOVERNMENT. 

The states are subdivided for purpose of local govern- 
ment into counties. In the State of Louisiana the subdivi- 
sion corresponding to the county is called the parish ; this 
is, however, the only exception to the use of the name 
county throughout all the states. These counties have 
only those powers which are conferred on them by the 
states. Throughout the United States the forms of county 
government differ very materially. We may, however, 
roughly divide the different forms of county government 
into three classes: (1) the New England county govern- 
ment, (2) county government, of which New York coun- 
ties are a type, and (3) the county government prevailing 
in most of the southern states. 

County Government in New England. — In the New 

England form of county government a body of men known 
as county commissioners are elected at large by the voters 
of the county. These men have charge of and are responsi- 
ble for the court-houses, jails, charitable institutions, and 
other buildings and property belonging to the county. They 
have power to borrow money to be used for the expenses of 
the county. They notify each town and city in the county 
of the amount of taxes the notified town or city must raise 
and pay into the county treasury, as its share of county ex- 
134 



CIVICS FOR p:lementary schools 1;35 

penses. The county commissioners have powers over 
county roads. In some of the New England states the 
county joins with the towns in building highways, and 
where private land is taken for these highways the commis- 
sioners award to the owners the money for land so taken. 

The Sheriff. — The most important county officer is the 
sheriff. He is also elected, and his duties are to preserve 
the peace in the county, attend on and obey the orders of 
the county courts. He or his deputies serve all Avarrants 
and make all arrests and seizures within the county limits, 
but his powers cease outside of the county. If he should 
be confronted with a disturbance or mob that he and his 
deputies could not quell, he could call on the citizens of 
the county to assist him. Any citizen not obeying him 
would be arrested and punished. A group of citizens so 
called and made use of by the sheriff is called a posse 
comitatus. The sheriff gives a bond that lie will lawfully 
perform his duties. He is also to a certain extent a state 
officer, and has charge of the jails in the county. 

The District Attorney. — In each county there is 
elected a district attorney, who is also a state officer. His 
duty is to prosecute all criminals for crimes committed in 
the county, and to advise the Grand Jury and other county 
officers on legal matters in which the county is interested. 
Sometimes in difficult cases the district attorney is aided by 
the state attorney-general. 

The County Treasurer. — A treasurer is elected in each 
county who gives a bond for the faithful performance of his 



136 CIVICS FOR ELEMENTARY SCHOOLS 

duties. He receives all funds of the county and pays them 
out on warrant of the proper officers. 

Deeds. — When one man sells a piece of real estate to an- 
other, he gives the buyer a piece of paper called a deed, in 
which the land sold is carefully described ; and the fact that 
the land is sold by the seller to the buyer is set forth, the 
names of both being written in their respective capacities 
in the deed. The deed is signed by the seller and his seal 
is affixed. 

Recording Oflacers. — Each county or town has an 
officer who records these deeds in books provided for the 
purpose, in order that the people may know who owns the 
property, and may not be defrauded by purchasing real 
property from one who does not own it. 

In some counties this officer is called a register of deeds. 
In states in which the deeds are recorded in a town this 
work is done by the town clerk. 

Another recording official is elected in some counties, 
whose duty is to record wills which are admitted to probate 
by the court having jurisdiction therefor. 

The clerks of the courts, where no other officer is pro- 
vided for the purpose, keep a record of all judgments and 
transactions of the courts. All records are as far as possi- 
ble kept in fire-proof boxes, and carefully watched that 
none may be altered or stolen. The state courts have 
jurisdiction in all the counties. In addition to these, some 
counties have inferior courts from which cases may be ap- 
pealed to the higher state courts. 



CIVICS FOR ELEMENTARY SCHOOLS 187 

New York Type of County Qovernment. — In that 
form of county government of which the New York county 
is a type, the law making body consists of a body of men 
called supervisors, each of whom represents a town, or in a 
city, a ward, of which he is a citizen. Each supervisor is 
elected by the citizens of the town or ward he represents, 
and is also a town or city officer. In some large cities the 
aldermen take the place of the supervisors. The officer in 
charge of the deeds, mortgages, judgments and other 
county records is the county clerk, elected by the people. 
In some large cities there is an officer to record deeds and 
morto^ao:es, who is known as a reijister. 

Each county in both these forms of government has a 
town known as the county seat, in which are located the 
county court house, buildings to contain the records, and 
other public buildings. 

County Government in the Southern States. — When 
the Southern States were settled, the people did not group 
themselves together in towns, as did the lirst settlers of 
New England and New York, but wei^e on large plantations 
far apart from one another. The county government was 
therefore independent of all town government, and this 
form of government is maintained in many of the states 
to-day. In Virginia a board of officers, called supervisors, 
is elected by the voters of the county, to attend to the 
general public affairs of the county, and care for the public 
property. This board, together with other public officers, 
look after all matters of local government, including the 
matter of taxes, there beino- no town officers as in the other 



138 CIVICS FOR ELEMENTARY SCHOOLS 

two forms of county government. The other county 
oflScers are elected or appointed for the purpose of assess- 
ing property, collecting taxes and holding court. A sheriff 
is elected to look after the executive department. 

These three forms of county government embody all the 
principles of county government throughout the United 
States, the form in no two states being exactly alike. 



CHAPTER XVI. 

/ TOWN GOVERNMENT. 

In all the forms of government so far discussed the 
people do not act for themselves, but the affairs of the 
government are carried on for them by the representatives 
they elect. The county government is therefore — as is 
the United States Government — a representative govern- 
ment. This is because it is impossible for such large 
groups of people as we find in the United States, states, 
and counties to meet together and wisely transact business. 

Town Meetings. — In the towns, however, the number 
of people is so small that the voters can assemble in one 
place, and discuss all matters pertaining to the welfare of 
the town. These assemblies are called town meetinofs and 
are held annually, unless called oftener for some special 
purpose. At these meetings all matters concerning the 
welfare of the town are discussed by the voters. Every 
voter, no matter what his station in life, has an opportunity 
to give his opinions, and advance his arguments. 

At these meetings the officers that take charge of the 
affairs of the town are elected and money for carrying on 
the towm government is appropriated. This money is 
generally raised by taxing the property, both real and per- 
sonal, in the town. 

In town meetings towns may vote to authorize the issue 

139 



140 CIVICS FOR ELEMENTARY SCHOOLS 

of bonds to raise money for public enterprises, as sewers, 
waterworks, etc. In the town meeting we have the direct 
in place of the representative form of government, as the 
people meet together and exercise directly the legislative 
function of government, the ojSScers they elect and appoint 
exercise the executive function, and they also in some 
towns elect justices of the peace, who exercise in some 
cases the judicial function. The state and county courts 
have jurisdiction in the towns. 

In some of the southern states there is no town gov- 
ernment and consequently there is nothing like the direct 
form of government. As the town is the unit of govern- 
ment in the northern states, the county is the unit in the 
southern states. 

The town officers are three or more selectmen, a town 
clerk, a treasurer, three or more assessors, a collector, one 
or more constables, three or more members of the school 
committee, one or more overseers of the town poor, 
auditor, election officers, justice of the peace, and road- 
master. As there is a difference in county government 
throughout the United States, there is also a difference in 
the town government, which difference we will note as the 
duties of the different town officers are described. 

Town Officers. — The selectmen are elected by the 
voters, generally annually, and form the executive board of 
the town, having charge of the police, fire, and street 
departments, also approving the bills of all departments, 
which bills are paid by the treasurer. They also borrow 
money for the town, if authorized to do so by the voters in 



CIVICS FOR ELEMENTARY SCHOOLS Ul 

town meetings. They appoint all town officers not desig- 
nated to be elected at town meeting. 

In some towns, as in New York, the supervisor performs 
the duties of the selectman, and also the duties of a town 
treasurer. 

The town clerk keeps the records of the town, registers 
all births, deaths, and marriages, acts as clerk at the town 
meetings, and in some states registers the deeds and mort- 
gages. 

The town treasurer receives all moneys from the collec- 
tor and pays them out on warrants approved by the proper 
officers. 

The assessors careful h' make a list of all the property in 
the town, placing a value thereon; also, they make a list 
of all the male citizens. In some towns, the male citizens 
are taxed outright a sum of money per head, called a poll 
tax. 

Fixing the Tax Rate. — The following table, condensed 
from an assessor's report, will show the method used by 
assessors in arriving at the amount of taxes to be raised by 
a town, and will also show how they fix the amount each 
tax-payer is to pay : 

List of Property. 

Valuation of Personal Property . $415,305.00 
" Buildings . . 1,477,478.00 

" Land . . . . 938,117.00 



Total valuation $2,830,900.00 



142 CIVICS FOR ELEMENTARY SCHOOLS 

Money to be Raised by Taxation. 

Town's share of state tax . . $3,050.00 

" " county " . . 2,610.00 
Money appropriated by the people in 

town meetings for town expenses . 45,101.30 

Total amount to be raised $50,761.30 

There were counted 1,318 persons who, by law, paid a 
poll tax of $2 per head. This makes the sum to be col- 
lected by a poll tax $2,636, which, subtracted from the 
above total $50,761.30, leaves $48,125.30 to be raised by 
taxing the total amount of property ($2,830,900.00) in the 
town. 

To find the tax per dollar on the property, we find what 
per cent $48,125.30 is of $2,830,900.00, which is .017; 
therefore, the tax-payer is required to pay .017 tax on 
each dollar's worth of property he owns. Thus a man 
who owns $2,000.00 worth of property will pay $34.00 
taxes on it. 

The collector receives the list of polls and property from 
the assessors, who also notify him of the tax rate (in our 
example it is .017, or sometimes called $17 per thousand), 
and he then collects the money. If the taxes are not paid 
by the property owner, the collector may seize and sell the 
property by process of law. 

The constables act as police officers, arresting criminals 
and people breaking the laws. 

The laws regarding members of the school board vary 
throughout all the states ; in some they are elected by the 



CIVICS FOR ELEMENTARY SCHOOLS 143 

whole town, in some they are elected by town districts, 
and in still others by county districts. 

Their duties are to provide proper school buildings, 
teachers, and supplies for the children of their district, and 
in general to carry out the state law regarding education. 

The laws of the different states concerning education 
vary throughout the Union, some states being more liberal 
than others in the provision they make for public educa- 
tion. 

The overseers of the poor look after those people of the 
town, who by reason of age or infirmities or disabilities, 
are unable to care for themselves. The auditor looks over 
the financial books of the town, and sees that no moneys 
are spent except such as are authorized by law. In some 
towns a number of the oflScers act as a board of audit. 

Election oflScers are elected in some towns, and in others 
appointed. They receive, sort, and count the ballots, and 
see that the election of all public oflScers is carried out 
according to law. 

The board of health makes and enforces rules for the 
prevention of the spread of contagious and infectious dis- 
eases, and also for the prevention of the contamination of 
the air and drinking water, and in general has control over 
all matters which concern the public health. 

Justices of the peace are elected by the towns in some 
states, and in others are appointed by the governor. They 
have jurisdiction in minor cases, and over small oflfences 
against the law. 

The roadmaster, or as he is called sometimes, the super- 



144 CIVICS FOR ELEMENTARY SCHOOLS 

intendent of highways, has charge of the streets, keeping 
them in order, and open to public traffic. In some towns 
the selectmen have charge of the streets. 

As the population of a town increases, more officers are 
necessary to carry on the government, and the state then 
may pass a law, often called the city charter, changing the 
town government into a city government. 

Boston remained a town until it was incorporated a city 
in 1822. At that time it contained about 50,000 inhabi- 
tants. 



CHAPTER XVn. 
CITY GOVERNMENT. 

The city government is necessarily representative, as the 
large population prevents direct government. 

Legislative Function. — The legislative powers of a 
city are vested in a common council, sometimes composed 
of two branches, upper and lower. The members of the 
upper branch are generally called aldermen, the lower 
branch councillors. In some cities the legislative depai-t- 
ment consists only of a board of aldermen. Cities are 
divided into wards and districts. In some cities the alder- 
men are elected to represent the wards, and the councillors 
are elected to represent districts. In other cities the whole 
body is elected by the voters of the city at large. 

The common council can pass laws for the government of 
the city which do not conflict with the state laws ; the laws, 
however, must be approved by the chief executive oflScer of 
the city. 

The Executive Function. — The chief executive oflacer 
of the city is called a mayor, and is elected by the voters. 
He has the power to veto laws passed by the common coun- 
cil, who, however, may pass them over this veto by a two- 
thirds vote. 

In some cities the mayor appoints the heads of the 

145 



146 CIVICS FOR ELExMENTARY SCHOOLS 

executive departments without the confirmation of the com- 
mon council, while in other cities these appointments can 
only be made with their consent. 

The mayor is responsible for the order and peace of the 
city, and generally has full charge of the police force, hav- 
ing under him in this department one or more commissioners 
or superintendents . 

City OfiB.cers. — The other executive officers of a city, 
some elected and some appointed, are Treasurer, Assessors, 
Tax Collector, Auditor or Comptroller, Corporation Coun- 
sel or City Attorney, Board of Health, Street Commis- 
sioners, Fire Commissioner, Water Commissioner, School 
Commissioners, Civil Service Commissioners, City Pay- 
master, Dock Commissioners (in a seaport city) , Commis- 
sioners of Charities and Correction, Bridge Commissioner, 
and other commissioners or superintendents that may be 
necessary to keep the complicated machinery of a city 
government going. The titles of these officers indicate 
their several duties. 

City Courts. — Each city has its own city courts for the 
trial of criminals and civil suits, the judges being elected 
either at large or by judicial districts. In some cities, 
magistrates having jurisdiction in petty crimes are appointed 
by the mayor. These magistrates also have the power of 
granting warrants. It must be remembered, however, that 
some states, as Massachusetts, have reserved the right to 
appoint all judicial officers. 

The state may at any time pass laws changing any part 



CIVICS FOR ELEMENTARY SCHOOLS 147 

of a city government, provided that in so doing it does not 
violate either the state or the United States Constitution. 

For the purpose of conducting elections, cities are divided 
into districts, each district having a set of election officers, 
generally appointed and sworn to do their duty according 
to the law. 

Small towns conduct elections without being thus divided, 
while large ones are divided into districts or precincts. 

In the southern states the county is divided for jmrpose 
of election into districts, and these districts are further 
divided into precincts. 

As we have previously learned, there is a great difference 
in the manner of conducting elections throughout the differ- 
ent states, and when a citizen of one state becomes a citi- 
zen of another it is necessary for him before he votes to 
acquaint himself with the method of voting in that state. 



CHAPTER XVIIL 
ARTICLES OF CONFEDERATION. 

On June 11, 1776, Congress resolved that a committee 
should be appointed to prepare a form of confederation. 
This committee, appointed the following day, consisted of 
one member from each state. It reported on July 12, 
1776, through John Dickinson, of Pennsylvania, a draft of 
articles of confederation. These were debated time and 
time again, and finally adopted November 15, 1777. It 
was not until March 1, 1781, however, that all the states 
signed the Articles, thus perfecting the league of states. 
From the beginning of the war up to March 2, 1781, the 
Congress exercised sovereign powers under an unwritten 
constitution, and on that day it met for the first time under 
a written constitution. 

Following is the text : 

ARTICLES OF CONFEDERATION 

To ALL TO WHOM THESE PRESENTS SHALL COME, 

We, the undersigned^ Delegates of the States affixed to our names, 
send greetiny : 
Whereas the delegates of the United States of America in 
Congress assembled, did, on the fifteenth day of November, in 
the year of our Lord one thousand seven hundred and seventy- 
seven, and in the second year of the Independence of America, 
agree to certain Articles of Confederation and Perpetual Union, 

U8 



CIVICS FOR ELEMENTARY SCHOOLS 149 

between the States of New Hampshire, Massachusetts Bay, 
Rhode Island and Providence Plantations, Connecticut, Xew York, 
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North 
Carolina, South Carolina, and Georgia, in the words following, 
viz, : 

Articles of Confederation and Perpetual Union between the States 
of New Hampshire, Massachusetts Bay^ Rhode Island and 
Providence Plantations^ Connecticut^ New Tork^ New Jersey^ 
Pennsylvania^ Delaware^ Maryjland^ Virginia^ North Carolina^ 
South Carolina^ and Georgia. 

Article I. — The style of this Confederacy shall be, ^' The 
United States of America." 

Art. II, — Each State retains its sovereignty, freedom and 
independence, and every power, jurisdiction and right, which is 
not by this Confederation expressly delegated to the United 
States in Congress assembled. 

Art. III. — The said States hereby severally enter into a 
firm league of friendship with each other, for their common 
defense, the security of their liberties, and their mutual and gen- 
eral welfare, binding themselves to assist each other against all 
force offered to, or attacks made upon them, or any of them, on 
account of religion, sovereignty, trade, or any other pretense 
whatever. 

Art. IV. — The better to secure and perpetuate mutual friend- 
ship and intercourse among the people of the different States 
in this Union, the free inhabitants of each of these States — pau- 
pers, vagabonds, and fugitives from justice excepted, — shall be 
entitled to all privileges and immunities of free citizens in the 
several States ; and the people of each State shall have free 
ingress and regress to and from any other State, and shall enjoy 



150 CIVICS FOR ELEMENTARY SCHOOLS 

therein all the privileges of trade and commerce, subject to the 
same duties, impositions, and restrictions as the inhabitants 
thereof respectively ; provided that such restrictions shall not 
extend so far as to prevent the removal of property imported into 
any State, to any other State of which the owner is an inhabitant ; 
provided also, that no imposition, duties, or restriction shall be 
laid by any State on the property of the United States or either 
of them. 

If any person guilty of, or charged with, treason, felony, or 
other high misdemeanor in any State shall flee from justice and 
be found in any of the United States, he shall, upon demand of 
the governor or executive power of the State from which he fled, 
be delivered up and removed to the State having jurisdiction of 
his offense. 

Full faith and credit shall be given in each of these States 
to the records, acts, and judicial proceedings of the courts and 
magistrates of every other State. 

Art. V. — For the more convenient management of the gen- 
eral interests of the United States, delegates shall be annually 
appointed in such manner as the legislature of each State shall 
direct, to meet in Congress on the first Monday in November, in 
every year, with a power reserved to each State to recall its dele- 
gates, or any of them, at any time within the year, and to send 
others in their stead for the remainder of the year. 

No State shall be represented in Congress by less than two, 
nor by more than seven members ; and no person shall be capable 
of being a delegate for more than three years in any term of six 
years ; nor shall any person, being a delegate, be capable of 
holding any office under the United States, for which he, or 
another for his benefit, receives any salary, fees, or emolument 
of any kind. 



CIVICS FOR ELt:MENTARY SCHOOLS i:,l 

Each State shall maintain its own delegates in any meeting 
of the States and while they act as members of the Committee of 
the States. 

In determining questions in the United States in Congress 
assembled, each State shall have one vote. 

Freedom of speech and debate in Congi'ess shall not be 
impeached or questioned in any court or place out of Congress ; 
and the members of Congress shall be protected in their persons 
from arrests and imprisonments during the time of their going to 
and from, and attendance on, Congress, except for treason, 
felony, or breach of the peace. 

Art. VI. — No State, without the consent of the United 
States in Congress assembled, shall send any embassy to, or 
receive any embassy from, or enter into any conference, agree- 
ment, alliance, or treaty with, any king, prince, or state ; nor 
shall any person holding any office of profit or trust under the 
United States, or any of them, accept of any present, emolument, 
office, or title of any kind whatever from any king, prince, or 
foreign state ; nor shall the United States in Congress assembled, 
or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confeder- 
ation, or alliance whatever between them, without the consent of 
the United States in Congress assembled, specifying accurately 
the purposes for which the same is to be entered into, and how 
long it shall continue. 

No vState shall lay any imposts or duties which may interfere 
with any stipulations in treaties entered into by the United States 
in Congress assembled, with any king, prince, or state, in pursu- 
ance of any treaties already proposed by Congress to the courts 
of France and Spain. 

No vessels of war shall be kept up in time of peace by any 



152 CIVICS FOR ELEMENTARY SCHOOLS 

State, except such number only as shall be deemed necessary by 
the United States in Congress assembled, for the defense of such 
State or its trade ; nor shall any body of forces be kept up by any 
State in time of peace, except such number onty as, in the judg- 
ment of the United States in Congress assembled, shall be 
deemed requisite to garrison the forts necessary for the defense 
of such State : but every State shall always keep up a well-regu- 
lated and disciplined militia, sufficiently armed and accoutred, 
and shall provide and constantly have ready for use in public 
stores, a due number of field-pieces and tents, and a proper 
quantity of arms, ammunition, and camp equipage. 

No State shall engage in any war without the consent of the 
United States in Congress assembled, unless such State be 
actually invaded by enemies, or shall have received certain advice 
of a resolution being formed by some nation of Indians to invade 
such a State, and the danger is so imminent as not to admit of a 
delay till the United States in Congress assembled can be con- 
sulted ; nor shall any State grant commissions to any ships or 
vessels of war, nor letters of marque or reprisal, except it be 
after a declaration of war by the United States in Congress 
assembled, and then only against the kingdom or state, and the 
subjects thereof, against which war has been so declared, and 
under such regulations as shall be established by the United 
States in Congress assembled, unless such State be infested by 
pirates, in which case vessels of war may be fitted out for that 
occasion, and kept so long as the danger shall continue, or until 
the United States in Congress assembled shall determine other- 
wise. 

Art. VII. — When land forces are raised by any State for 
the common defense, all oflScers of or under the rank of Colonel, 
shall be appointed by the legislature of each State respectively 



CIVICS FOR ELEMENTARY SCHOOLS l.j.- 

by whom such forces shall be raised, or in such manner as such 
State shall direct, and all vacancies shall be filled up by the State 
which first made the appointment. 

Art. VIII. — All charges of war, and all other expenses that 
shall be incurred for the common defense, or general welfare, and 
allowed by the United States in Congress assembled, shall be 
defrayed out of a common treasury, which shall be supplied by 
the several States in proportion to the value of all land within 
each State, granted to, or surveyed for, any pei'son, as such land 
and the buildings and improvements thereon shall be estimated, 
according to such mode as the United States in Congress assem- 
bled shall from time to time direct and appoint. 

The taxes for paying that proportion shall be laid and levied 
by the authority and direction of the legislatures of the several 
States, within the time agreed upon by the Ignited States in Con- 
gi'ess assembled. 

Art. IX. — The United States in Congress assembled c^hall 
have the sole and exehisive right and power of determining on 
peace and war, except in the cases mentioned in the sixth article ; 
of sending and receiving ambassadors ; entering into treaties and 
alliances, pro^ided that no treaty of commerce shall be made, 
whereby the legislative power of the respective States shall be 
restrained fromi imposing such imposts and duties on foreigners 
as their own people are subjected to, or from prohibiting the 
exportation or importation of any species of goods or commod- 
ities whatsoever ; of establishing rules for deciding, in all cases, 
what captures on land or water shall be legal, and in what 
manner prizes taken by land or naval forces in the service of the 
United States shall be divided or appropriated ; of granting letters 
of marque and reprisal in times of peace ; appointing couils for 
the trial of pii-acies and felonies committed on the high seas ; and 



154 CIVICS FOR ELEMENTARY SCHOOLS 

establishing courts for receiving and determining finally appeals 
in all cases of captures ; provided that no member of Congress 
shall be appointed a judge of any of the said courts. 

The United States in Congress assembled shall also be the 
last resort on appeal in all disputes and differences now subsist- 
ing, or that hereafter may arise between two or more States con- 
cerning boundary, jurisdiction, or any other cause whatever; 
which authority shall always be exercised in the manner follow- 
ing : w^henever the legislative or executive authority, or lawful 
agent of any State in controversy with another, shall present a 
petition to Congress, stating the matter in question, and praying 
for a hearing, notice thereof shall be given by order of Congress 
to the legislative or executive authority of the other State in con- 
troversy^, and a day assigned for the appearance of the parties by 
their lawful agents, w^ho shall then be directed to appoint, by 
joint consent, commissioners or judges to constitute a court for 
hearing and determining the matter in question ; but if they can- 
not agree. Congress shall name three persons out of each of the 
United States, and from the list of such persons each party shall 
alternately strike out one, the petitioners beginning, until the 
number shall be reduced to thirteen ; and from that number not 
less than seven nor more than nine names, as Congress shall 
direct, shall, in the presence of Congress, be drawn out by lot ; 
and the persons whose names shall be so drawn, or smy five of 
them, shall be commissioners or judges, to hear and finally deter- 
mine the controversy, so always as a major part of the judges 
who shall hear the cause shall agree in the determination ; and if 
either party shall neglect to attend at the day appointed, without 
showing reasons which Congress shall judge suflScient, or being 
present, shall refuse to strike, the Congress shall proceed to nom- 
inate three persons out of each State, and the secretary of Con- 



crvrcs for elementary schools 155 

gress shall strike in behalf of such party absent or refusing ; and 
the judgment and sentence of the court, to be appointed in the 
manner before prescribed, shall be final and conclusive ; and if 
any of the parties shall refuse to submit to the authority of such 
court, or to appear or defend their claim or cause, the court shall 
nevertheless proceed to pronounce sentence or judgment, which 
shall in like manner be final and decisive ; the judgment or sen- 
tence and other proceedings being in either case transmitted to 
Congress, and lodged among the acts of Congress for the secunty 
of the parties concerned ; provided, that every commissioner, 
before he sits in judgment, shall take an oath, to be administered 
by one of the judges of the supreme or superior court of the State 
where the cause shall be tried, " icell and truhj to hear and deter- 
mine the matter in question^ according to the best of his judgment^ 
loithout favor ^ affection^ or hope of reicard^:'' pro\ided, also, that 
no State shall be deprived of territory for the benefit of the 
United States. 

All controversies concerning the private right of soil, claimed 
under different grants of two or more States, whose jurisdictions, 
as they may respect such lands and the States which passed such 
grants, are adjusted, the said grants or either of them being at 
the same time claimed to have originated antecedent to such 
settlement of jurisdiction, shall, on the petition of either party to 
the Congress of the United States, be finally determined, as near 
as may be, in the same manner as is before prescribed for decid- 
ing disputes respecting territorial jurisdiction between different 
States. 

The United States in Congress assembled shall also have the 
sole and exclusive right and power of regulating the alloy and 
value of coin struck by theii* own authority, or by that of the 
respective States ; fixing the standard of weights and measures 



15G CIVICS FOR ELEMENTARY SCHOOLS 

throughout the United States ; regulating the trade and managing 
all affairs with the Indians, not members of any of the States ; 
provided that the legislative right of anj^ State, within its own 
limits, be not infringed or violated ; establishing and regulating 
post-offices from one State to another, throughout all the United 
States, and exacting such postage on the papers passing through 
the same as may be requisite to defray the expenses of the said 
office ; appointing all officers of the land forces in the service o^ 
the United States, excepting regimental officers ; appointing all 
the officers of the naval forces, and commissioning all officers 
whatever in the service of the United States ; making rules for the 
government and regulation of the said land and naval forces, and 
directing their operations. 

The United States in Congress assembled shall have author- 
ity to appoint a committee, to sit in the recess of Congress, to be 
denominated '' A Committee of the States," and to consist of one 
delegate from each State, and to appoint such other committees 
and civil officers as may be necessary for managing the general 
affairs of the United States under their direction ; to appoint one 
of their number to preside, provided that no person be allowed 
to serve in the office of president more than one year in any term 
of three years ; to ascertain the necessary sums of money to be 
raised for the service of the United States, and to appropriate 
and apply the same for defraying the public expenses ; to borrow 
money or emit bills on the credit of the United States, trans- 
mitting every half-year to the respective States an account of the 
sums of money so borrowed or emitted; to build and equip a 
navy ; to agree upon the number of land forces, and to make 
requisitions from each State for its quota, in proportion to the 
number of white inhabitants in such State, which requisition shall 
be binding ; and thereupon the legislature of each State shall 



CIVICS FOR ELEMENTARY SCHOOLS 157 

appoint the regimental officers, raise the men, and clothe, arm, 
and equip them in a soldier-like manner, at the expense of the 
United States ; and the officers and men so clothed, armed, and 
equipped shall march to the place appointed, and within the time 
agreed on by the United States in Congress assembled ; but if the 
United States in Congress assemlJed shall, on consideration of 
circumstances, judge proper that any State should not raise men, 
or should raise a smaller number than its quota, and that any 
other State should raise a greater number of men than the quota 
thereof, such extra number shall be raised, officered, clothed, 
armed, and equipped in the same manner as the quota of sucli 
State, unless the legislature of such State shall judge that such 
extra number cannot be safely spared out of the same, in which 
case they shall raise, officer, clothe, arm, and equip as many of 
such extra number as they judge can be safely spared, and the 
officers and men so clothed, armed, and equipped shall march to 
the place appointed, and within the time agreed on by the United 
States in Congress assembled. 

The United States in Congress assembled shall never engage 
in a war, nor grant letters of marque and reprisal in time of 
peace, nor enter into any treaties or alliances, nor coin money, 
nor regulate the value thereof, nor ascertain the sums and 
expenses necessary for tlie defense and welfare of the United 
States, or any of them, nor emit bills, nor borrow money on the 
credit of the United States, nor appropriate money, nor agree 
upon the number of vessels of war to be built or purchased, or 
the number of land or sea forces to be raised, nor appoint a com- 
mander-in-chief of the army or navy, unless nine States assent to 
the same, nor shall a question on any other point, except for 
adjourning from day to day, be determined, unless by the votes 
of a majority of the United States in Congress assembled. 



158 CIVICS FOR ELEMENTARY SCHOOLS 

The Congress of the United States shall have power to ad- 
journ to any time within the year, and to any place within the 
United States, so that no period of adjournment be for a longer 
duration than the space of six months, and shall publish the 
journal of their proceedings monthly, except such parts thereof 
relating to treaties, alliances, or military operations as in their 
judgment require secrecy ; and the yeas and nays of the delegates 
of each State, on any question, shall be entered on the journal 
when it is desired by any delegate ; and the delegates of a State, 
or any of them, at his or their request, shall be furnished with a 
transcript of the said journal except such parts as are above 
excepted, to lay before the legislatures of the several States. 

Art. X. — The Committee of the States, or any nine of them, 
shall be authorized to execute, in the recess of Congress, such of 
the powers of Congress as the United States in Congress assem- 
bled, by the consent of nine States, shall, from time to time, 
think expedient to vest them with ; provided that no power be 
delegated to the said Committee, for the exercise of which, by the 
Articles of Confederation, the voice of nine States in the Congress 
of the United States assembled is requisite. 

Art. XI. — Canada, acceding to this Confederation, and 
joining in the measures of the United States, shall be admitted 
into, and entitled to all the advantages of this Union ; but no 
other colony shall be admitted into the same, unless such admis- 
sion be agreed to by nine States. 

Art. XII. — All bills of credit emitted, moneys borrowed, 
and debts contracted by or under the authority of Congress, 
before the assembling of the United States, in pursuance of the 
present Confederation, shall be deemed and considered as a 
charge against the United States, for payment and satisfaction 



CIVICS FOR ELEMENTARY SCHOOLS 159 

whereof the said United States and the public failh are hereby 
solemnly pledged. 

Art. XIII. — Every State shall abide by the determinations 
of the United States in Congress assembled, on all questions 
which by this Confederation are submitted to them. And the 
ailieles of this Confederation shall be in\iolably observed by 
every State, and the Union shall be perpetual; nor shall any 
alteration at any time hereafter be made in any of them, im- 
less such alteration be agreed to in a Congress of the United 
States, and be aftei'TN-ards confirmed by the legislatures of every 
State. 

And Whereas, it hath pleased the great Governor of the 
world to incline the hearts of the legislatures we respectively 
represent in Congress to approve of, and to authorize us to ratify, 
the said Articles of Confederation and perpetual Union, know ye, 
that we, the undei-signed delegates, by virtue of the power and 
authority to us given for that purpose, do, by these presents, in 
the name and in behalf of our respective constituents, fully and 
entirely ratify and confirm each and every of the said Articles of 
Confederation and perpetual Union, and"" all and singular the 
matters and things therein contained. And we do further 
solemnly plight and engage the faith of our respective constitu- 
ents, that they shall abide by the determinations of the United 
States in Congress assembled, on all questions which by the said 
Confederation are submitted to them ; and that the articles thereof 
shall be inviolably observed by the States we respectively repre- 
sent, and that the Union shall be perpetual. 

In witness whereof we have hereunto set our hands in Con- 
gress. Done at Philadelphia, in the State of Pennsylvania, 
the ninth day of July, in the year of our Lord one thousand 



160 CIVICS FOR ELEMENTARY SCHOOLS 

seven hundred and seventy-eight, and in the third year of 
the independence of America. 

On the part a7id behalf of the State of New Hampshire. 
JosiAH Bartlett, John Wentworth, Jr. 

August 8, 1778. 

On the part and behalf of the State of Massachusetts Bay. 
John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elbridge Gerry, Samuel Holten. 

On the part and behalf of the State of Mhode Island and Providence 

Plantations. 

William Ellery, John Collins. 

Henry Marchant, 

On the part and behalf of the State of Connecticut. 
Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adams. 

Oliver Wolcott, 

On the part and behalf of the State of New York^ 
James Duane, William Duer, 

Francis Lewis, Gouverneur Morris. 

On the part aiid in behalf of the State of New Jersey^ 
Novr. 26, 1778. 
John Witherspoon, Nathaniel Scuddeb. 

On the part and behalf of the State of Pennsylvania. 
Robert Morris, William Clingan, 

Daniel Roberdeau, Joseph Reed, 

Jonathan Bayard Smith, 22d July, 1778, 



CIVICS FOR ELEMENTARY SCHOOLS 161 

On the part and behalf of the State of Dekivmre, 

Thomas M'Kean, John Dickinson, 

Feby. 12, 1779. May 5, 1779, 

Nicholas Vandyke. 

On the part and behalf of the State of Maryland, 
John Hanson, Daniel Caukoll 

March 1, 1781, March 1, 1781. 

On the part and behalf of the State of Virginia, 
Richard Henry Lee, John Harvie, 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

On the part and behalf of the State of North Carolina. 
John Penn, Cornelius Hartnett. 

July 21, 1778. John Williams. 

On the part and behalf of the State of South Carolina, 
Henry Laurens, Richard Hutson, 

William Henry Drayton, Thomas Hay ward, Jr. 

John Mathews, 

On the part and behalf of the State of Georgia. 
John Walton, Edward Telfair, 

24th July, 1778. Edward Langworthy. 



INDEX. 



Abolition of Slavery, 1U> 

Adams, Jobn, 68, 69 

Adams, John Quincy, 70 

Admiralty, 87 

Agriculture, Secretary of, 72, 76 

Agricultural Stations, 44 

Aldermen, 145 

Alliance, 63 

Ambassadors, 51, 86 

Amendments, 99 

Amendment of State Constitu- 
tions, 125 

Amnesty, 77 

Armories, 55 

Army, Regular, 53, 55 

Army, The, 52, 53 

Arsenals, 56 

Arthur, Chester A., 72 

Articles of Confederation, 12, lo. 
48, 61, 100 

Assessment and Collection of 
Taxes, 127 

Attainder, 92 

Attainder, Bill of, 60, 63 

Attorney-General, 72, 75 

Bail, 111 

Bank, United States, 42, 87 

Bankruptcy, 46, 47 

Beacons, 53 

Belknap, W. H., 26 . 

Bell, William Graham, 50 



Bill of Attainder, 60, 63 

Bill of Rights, 103, 125 

Bills of Credit, 63 

Blount, William, 26 

Board of State Canvassers, 131 

Bonds, 45 

Breach of the Peace, 37 

Brooks, Preston S., 35 

Buoys, 53 

Bureau, Weather, 44 

Burgesses, House of, 90 

Burr, Aaron, 69, 87 

Butler, Benjamin F., 91 

Cabinet, The, 72, 74, 75 

California, 45, 88 

Canada, 98 

Capital Crime, 107 

Capitation Tax, 60 

Carson City, 47 

Census, The, 22, 60, 76 

Chaplain, House, 24, 25 ; Senate, 29 

Charter Governments, 120 

Chase, Samuel, 26 

Chase, Salmon P., 30 

Chicago, 98 

Chief Justice, 30 

Church Members, 8 

Church Qualifications, 9 

Circuit Court, 83, 89 

Circuit Court of Appeals, 84 

Citizen, 21, 46 



163 



164 



INDEX 



Citizenship, Qualification of, 21 

City Court, 147 

City Government, 145-147 

City Officers, 146 

Civil Rights Bill, 41 

Civil Service, 78 

Civil War, 33,53,59 

Civil War, Debts of, 118 

Clerk of Supreme Court, 85 

Clerk, House, 24; Senate, 29 

Cleveland, Grover, 41, 98 

Colorado, 93, 94 

Commander-in-Chief, 31, 74 

Commerce and Labor, Secretary 

of, 72, 76 
Commerce, Foreign, 45 
Commission, Eight- to-Seven, 71 
Committees of the House, 35 
Committees of State Legislatures, 

123 
Common Defence, 44 
Common Law, 11 
Common People, 8 
Compulsory Education Law, 133 
Confederation, 63 
Confederation, Articles of, 12, 13, 

48, 61, 100 
Congress, Continental, 12, 13, 16, 

44, 100 
Congress, The, 43, 44 
Congressional Library, 62 
Congressional Record, 25, 36 
Connecticut, 9, 14, 17, 22 
Constitutional Convention, 16, 65, 

102 
Constitution, Ratification of, 16 
Constitution, a Compact, 113 
Consuls, 51, 86 



Continental Congress, 12, 13, 16, 
44, 100 

Continental Money, 48 

Contracts, Obligation of, 63, 64 

Convention, Constitutional, 16, 65, 
102 

Copyright, 49 

Corporations, 128 

Cotton Gin, 50 

Counterfeiting, 48 

County Government, 134-139 

County Government in New Eng- 
land, 135 

County Government of the New 
York Type, 137 

County Government in the South- 
ern States, 137 

Court, Circuit, 83, 89 

Court, District, 89 

Court-Martial, 30, 31, 54, 108 

Court Officers, 85 

Court of Appeals, 132 

Court of Claims, 83 

Court of Last Resort, 89 

Court of Private Land Claims, 84 

Court of the Ordinary, 132 

Court of Spanish War Claims, 8i 

Court, Probate, 132 

Court, Supreme, 43, 58, 63, 64, 71, 
75, 83, 84, 87, 88, 89, 101 

Court, Surrogate's, 132 

Courts of the District of Columbia, 
84 

Credit, Bills of, 63 

Credit of the United States, 100 

Crimea, 88 

Crime, Capital, 107 

Crime, Infamous, 107 



INDEX 



165 



Cruel Punishments, 111 
Currency, 18 

Dallas, Alexander J., 86 

Dartmouth College, ^4, 101 

Debts of the Civil War, 118 

Decatur, Captain, 91 

Deeds, 137 

Delaware, 22, 27, 120 

Dewey, George, Admiral, 74 

Dingley Bill, 39 

Diplomatic Intercourse, 65 

Direct Taxes, 23 

District Attorney, 85, 107 

District Court, 89 

District of Columbia, 56 

Dock Yards, 56 

Doorkeeper, House, 24, 25; Senate, 

29 
Drafted Men, 53 
Dred Scott, 43, 89 
Duties, 44 
Duty of Tonnage, 65 

Edison, Thomas A., 50 
Eight-to-Seven Commission, 71 
Election of 1876, 70 
Electoral College, 68 
Electors, 20, 67, 70, 71 
Emancipation Proclamation, 75 
Embargo Act, 67 
Eminent Domain, Right of, 108 
Emperor of France, 80 
England, 20, 31, 45, 57 
Equity, 113, 114 
Erie Canal, 112, 128 
Excises, 44 
Executive Power, 66 



Export Tax, 61 

Ex Post Facto Law, 60, 63 

Extra Sessions, 80 

Fact, 89 

Federalist Party, 69 

Federalist, The, 92, 103 

Felony, 37, 94 

Fillmore, Millard, 72 

Fixing the Town Tax Rate, 141, 

142 
Florida, 70 
Food Products, 64 
Forts, 56 
France, 44, 57 
Free Trade, 61 
French Loan, 44 

Garfield, James A., 72 
General Welfare, 44 
Georgia, 8, 20, 22, 120 
Gerard, 12 

Goodyear, Charles, 60 
Governor, 122 
Governor's Council, 123 
Government Lands, 96 
Grand Jury, 25, 107 
Grant, U. S., 73 

Habeas Corpus, 59 
Hamilton, Alexander, 100, 103 
Harrison, William H., 72 
Hayes, Rutherford B., 70, 71 
Henry, Patrick, 12, 90 
Hertz, Henry, 88 
High Seas, 51, 90 
Hornet, 91 
House, Committees of the, 35 



166 



INDEX 



House of Burgesses, 90 
Howe, Elias, 50 
Hull, General W., 31, 77 
Humphreys, West H., 26 

Illinois, 98 

Impeachment, 25, 26, 30, 38, 81 
Impeachment of State Officers, 124 
Imports, 64 
Imposts, 44 
Income Tax, 43 
Indians, 45, 46 
India Rubber, 50 
Indictments, 107, 110 
Indirect Taxes, 23 
Infamous Crime, 107 
Inheritance Tax, 127 
Inspection of Food Products, 64 
International Law, 50 
Interior, Secretary of, 72, 76 
Interstate Commerce Commission, 
45 

Jackson, Andrew, 41, 42, 59 
Jay, John, 86, 103 
Jay's Treaty, 45 
Jefi'erson, Thomas, 69 
Jeopardy of Life or Limb, 108 
Johnson, Andrew, 26, 30, 41, 72, 77 
Johnson, Richard M., 70 
Judicial District, 83 
Judicial Function of a State, 124 
Judges, Appointment of, 84 
Judgment, 94 
Jurisdiction, Appellate, 88 
Jurisdiction, Original, 88 
Jurisdiction of State Courts, 132 
Jury, Grand, 25, 107 



Jury, Petit, 25, 107 
Jury, Trial, 89, 111 

Law and Fact, 89 

Law, International, 50 

Law, Martial, 59 

Law of Succession to Presidency, 

72 
League of States, 12 
Lee, General Charles, 31 
Legislative Function, 19 
Legislative Function of a City, 145 
Letters of Marque and Reprisal, 

62, 63 
Librarian of Congress, 50 
Lieutenant-Governor, 122 
Lighthouses, 18, 53 
Lightships, 53 

Lincoln, Abraham, 59, 72, 75, 77 
Loan, French, 44 
Long, John D., 74 
Louisiana, 44, 70, 134 

Macedonian, 91 

Madison, James, 77, 92, 103 

Magazines, 56 

Mails, 49 

Maritime Jurisdiction, 87 

Marque and Reprisal, 52, 63 

Marshals, 85 

Maryland, 22, 56, 121 

Massachusetts, 8, 9, 14, 20, 22, 60, 

121, 122, 124, 127, 146 
Maximilian, 80 
Mayor, 145 

McKinley, William, 72, 74 
McKinley Bill, 39 
Metric System, 48 



INDEX 



167 



Mexican War, 74 

Mexico, 80 

Militia, 54, 55, 65, 105 

Ministers, 86 

Mints. 47 

Mississippi River, 44 

Missouri, 63 

Missouri Compromise, 40. 43 

Money, Coining of, 47 

Money, Paper, 56 

Monmouth, Battle of, 31 

Monroe Doctrine, 79 

Monroe, James, 79 

Morse, S. F. B., 60 

Mortgage, 114 

Movable Property, 126 

Mumford, William B.. 91 

Naturalization, 46 

Navigation Act, 10 

Navy, Secretary of the, 72, 76 

Navy, The, 63 

Neutrals, 57 

New Hampshire, 14, 22, 64, 96, 120 

New Jersey, 8, 9, 14, 15, 22, 61, 94, 

101, 120 
New Orleans, 47, 59, 91 
New York, 14, 16, 17, 22, 27, 45, 

61, 93, 94, 96, 112, 122, 124, 

128, 131 
Nobility, Titles of, 62, 63 
North Carolina, 16, 22, 120 
Northwest Territory, 96 
Nueces River, 74 

Obligation of Contracts, 63, 64 

Ohio, 49 

Ordinance of 1787, 196 



Orphans' Court, 132 

Pardoning Power, 77 

Parish, 135 

Parliament, 10, 105 

Parliamentary Law, 34 

Patents, 49 

Patrick Henry, 12, 90 

Pay of Senators and Representa- 
tives, 37 

Peck, James H., 26 

Pennsylvania, 14, 17, 22, 55, 120 

Pennsylvania, Eastern District of, 
88 

Perry, Commodore, 51 

Personal Property, 126 

Petit Jury, 25, 107 

Philadelphia, 13, 47 

Pickering. John, 26 

Piracy, 59 

Pocket- Veto, 41 

Polk, James K., 74 

Poll Tax. 60 

Posse Comitatus, 135 

Postmaster-General, 72, 75 

Postmaster, House, 24,25; Senate, 
29 

Post Office, 18, 49 

Potomac, 49 

Powers denied the States, Go 

Powers reserved to the States, 112 

Press, Free, 104, 125 

Presentments, 107 

Presidency, Law of Succession to, 
72 

Presidency. Requirements for, 71 

President, 31, 66-68, 74 

President's Message, 79 



168 



INDEX 



Princeton, 13 
Privateers, 52, 64 
Prize Money, 52 
Probate Court, 132 
Property, Movable, 126 
Property, Personal, 126 
Property, Real, 127 
Proprietary Governments, 120 
Protection of Accused, 109 
Providence Plantations, 22 
Public Funds, Use of, 128 
Punishments, Cruel, 111 
Pure Food Laws, 130 

Quarantine, 130 
Quartering Act, 10, 105 

Railroads, 130 

Real Property, 126 

Recording County Officers, 136 

Religion, Free, 104, 125 

Reporter of Supreme Court, 85, 86 

Reporter of Debates, House, 24, 25 ; 

Senate, 29 
Representation, Ratio of, 22 
Representatives, House of, 19, 20, 

22,23 
Representative Government, 139 
Republican Party, 69 
Requirements for the Presidency, 

71 
Requisition Papers, 95 
Revolution, American, 11, 14, 31, 

44, 48, 65 
Rhode Island, 16, 22, 121 
Right of Eminent Domain, 108 
Rights of Citizens of a State, 125 
Rio Grande, 74 



Roosevelt, Theodore, 72 
Royal Governments, 120 

Salaries of State Officers, 131 

San Francisco, 47 

Search Warrant, 106 

Seas, High, 51, 90 

Secret Service, The, 48 

Senate, 19, 32 

Senators, Manner of Electing, 32 

Sergeant-at-Arras, House, 24, 25; 
Senate, 29 

Service, Civil, 78 

Session, Special, 33 

Sewing Machine, 50 

Shays' Rebellion, 14, 17 

Sheriff, 135 

Slaves, 23, 58 

Slaves, Importation of, 59 

Slavery, 95, 99 

Slavery, Abolition of, 116 

Smith, John, 8 

South Carolina, 22, 35, 120 

Spain, 20, 45 

Spanish War, 20 

Spanish War Claims, Court of, 84 

Speaker, The, 24, 34, 35 

Speech, Free, 104, 125 

Stamp Act, 10 

State Boards of Health, 131 

State Bonds, 131 

State Civil Service, 129 

State Constitutions, 121 

State Financial Institutions, Super- 
vision of, 130 

State Government, 120-134 

State Governments, Heads of De- 
partmentg of, 123 



INDEX 



169 



State Laws, Makin^]; of, 123 

State Legislatures, 121 

State Legislatures, Committees of, 
123 

State Militia, 129 

State Officers, 102 

States, Powers denied the, 63 

States, Powers reserved to the, 112 

State, Secretary of, 72, 75 

State Taxes, 126 

States, United, 45 

Stations, Agricultural, 44 

Sugar, 24 

Sumner, Charles, 35 

Supervision of State Financial In- 
stitutions, 130 

Subpoena, 110 

Supreme Court, 43, 68, 63, 64, 71, 
75, 83, 84, 87-89, 101 

Surrogate's Court, 132 

Swayne, Charles, 26 

Tariff, 35 

Tariff Bills, 39 

Tax, Capitation, 60 

Taxes, Assessment and Collection 

of, 127 
Tax, Export, 61 
Tax, Income, 43 
Tax, Inheritance, 128 
Tax, Poll, 60 
Tax Rate, Fixing the Town, 141, 

142 
Taxes, 23, 39, 44, 45 
Taxes, State, 126 
Taylor, Zachary, 72, 74 
Telegraph, 50 
Telephone, 50 



Territories, 96 

Territories, Government of, 97 

Tilden, SamuelJ., 70 

Titles of Nobility, 62; 63 

Tonnage, Duty of, 65 

Town Government, 139-145 

Town Meetings, 139 

Town Officers, 140 

Trade, Free, 61 

Transportation, Inland, 76 

Treason, 37, 60, 90, 91, 92, 94 

Treasury Department, 62 

Treasury, Secretary of the, 72, 75 

Treaties, 78 

Treaty-Making Power, 63 

Treaty, Jay's, 45 

TrialJury, 89, 111 

Trinidad, 51 

Tyler, John, 72 

Tyranny, 66 

United States, 45, 46 
United States Bank, 42, 87 
Use of Public Funds, 128 
Utah, 97 

Van Buren, Martin, 70, 80 
Vermont, 95, 131 
Veto, 8 

Veto, Pocket, 41 
Vice-President, 29, GG, 68 
Virginia, 8, 22, 56, 137 
Volunteers, 53 
Voter, 21 

War, Articles of, 54 

War, Civil, The, 53, 59, 77, 80 

War, Declaring, 20, 51 



170 



INDEX 



War of 1812, 20, 52, 65, 59, 91, 98 
War, Secretary of, 72, 75 
Washington, George, 68, 69 
Washington, D. C, 56 
Ways and Means Coramittee, 39 
Webster-Ashburton Treaty, 36 
Webster, Daniel, 64 
Weather Bureau, 44, 76 
Weights and Measures, 48 
West Indies, 61 



Whiskey Rebelliou, 55 
Whitney, Eli, 50 
Wilmot Proviso, 27 
Wilson Tariff Bill, 39, 41, 43 
Witnesses, Protection of, 108 
Wyoming Valley, 14 

Yellowstone Park, 97 
Yorktown, 13 



GLOSSARY 

Admiralty. That branch of law which deals with maritime cases and 
offences. (Admiralt.v Court.) 

Affidavit. A written declaration upon oath ; a statement of facts in 
writing signed by the person making the affidavit, and sworn to or 
confirmed by a declaration before an authorized officer, such, for 
instance, as a notary public or a commissioner of deeds. 

Alien. A foreigner; one born in or belonging to another country who 
has not acquired citizenship by naturalization. 

Ambassador. A diplomatic agent of the highest rank, employed to 
represent officially one prince or state at the court or to the gov- 
ernment of another. 

Arrest of Judgment. The staying or stopping of a judgment after 
verdict, for causes assigned. Courts have at common law power to 
arrest judgment for intrinsic causes appearing upon the face of the 
record, as when the declaration varies from the original writ, when 
the verdict differs materially from the pleading, or when the case 
laid in the declaration is not sufficient to found an action upon. 

Articles of Confederation. The compact or constitution adopted by 
the Continental Congress in 1777, and ratified by the separate colo- 
nies within the four years next succeeding. On March 4, 1789, it 
expired by limitation under the provisions of the present Constitution. 

Attainder, Bill of. A bill passed by Parliament for the attaint of any 
person. By this process condemnation to death could be secured in 
a brief manner and without the production of evidence. 

Bankruptcy Law. The United States bankruptcy law now in force 
went into effect July 1, 1898. 

171 



172 GLOSSARY 

Bill of Credit. Paper issued by the authority and on the faith of a 
uatioa to be circulated as money. The Constitution provides (Arti- 
cle I., Section 10) that no State shall emit bills of credit, or make 
anything but gold and silver coin a tender in payment of debts. 

Caveat. According to United States patent laws, a caveat is a descrip- 
tion of some invention, designed to be patented, lodged in the patent 
office before the patent is applied for. This operates as a bar to the 
issue of letters patent to any other person respecting the same in- 
vention. A caveat is good for one year, but may be renewed. 

Chabter. In colonial days the crown granted certain rights and privi- 
leges to an individual or a group of colonists. As this was written 
it was called a charter, from the Latin chartulay meaning a little 
writing. In American law a charter is a written instrument from 
the , sovereign power to a municipality or other corporation con- 
ferring certain rights and privileges. For instance, the city of New 
York has a charter from the State government at Albany ; Chicago, 
one from her State government at Springfield, and San Francisco, 
one from Sacramento. The State also grants charters to insurance 
companies, railroad, bank, dry goods and other corporations. 

Copyright. Corresponds to the patent of an invention, and is a right 
given by law to the writer of a book, play, or musical composition, 
or to the originator of maps, charts, or engravings, or to his 
assignee. In the United States the term is twenty-eight years, with 
the privilege of renewal for fourteen years. 

CoMivnssiON. A written certificate signed by the executive or other 
proper ofiicial, appointing some person to office or conferring an 
authority to the holder thereof. 

Consul. A commercial agent of the government, appointed by the 
President and confirmed by the Senate, residing in a foreign country 
to look after the commercial rights and privileges of this country 
and its individual citizens resident in the same country with him. 

Continental Congress. The term '* continental" was used in contra- 
distinction to "provincial," the former indicating the general as- 
sembly in which all the States of the Union were represented by 
delegates during the Revolution, the latter referring to the legisla- 
tive body of a state, colony, or province. 



GLOSSARY 173 

Embargo. An order of the government prohibiting the sailing of ships 
of commerce from any or all of its ports. 

ExEQUATOR. A written official recognition of a consul or commercial 
agent issued by the government to which he is accredited and au- 
thorizing him to exercise his powers. 

Gerrymander. So-called from Elbridge Gerry, Governor of Massachu- 
setts in 1812. For purposes of election a State is divided into dis- 
tricts corresponding to the number of representatives the State is 
entitled to send to Congress. These districts are sometimes made 
out by the legislature so as to secure the greatest number of 
them to the party which lays out the districts. In 1812 the Mas- 
sachusetts legislature, having a Federalist minority, redistributed the 
districts, so that a district in Essex County resembled a dragon in 
shape. Gilbert Stuart, the painter, seeing a map of this district and 
noting its contour, added a head, wings, and claws, saying, ''That 
will do for a salamander." '' Better say a Gerrymander I " retorted 
a Federalist standing near. 

Injunction in Law. A judicial process or order requiring the person to 
whom it is directed to do or refrain from doing a particular thing. 

Interned. Conflned within fixed or prescribed limits ; compelled to re- 
main in a locality without permission to leave it. 

Ipso Facto, By the fact itself. 

Jurisprudence. The science of law. 

Legal Tender. Currency which can lawfully be used in paying a debt. 

Magna Charta. The great charter of the liberties of England, signed 
and sealed by King John of Lackland, in a conference between him 
and his barons at Runnymede on the Thames, June 15, 1215. Its most 
important articles are those which provide that no freeman shall be 
taken, or imprisoned, or proceeded against, except by the lawful 
judgment of his peers or in accordance with the laws of the land, 
and that no scutage or aid shall be imposed on the kingdom (except 



174 GLOSSAUY 

certain feudal dues from tenants of the crownj unless by the com- 
mon council of the kingdom. The remaining and greater part of the 
charter is directed against abuses of the king's power as feudal 
superior. Some of its provisions constitute the Bill of Rights set 
forth in our federal and state constitutions. 

Mandamus (we command). A writ issuing from the superior court, 
directed to an inferior court, an officer, a corporation, or other body, 
requiring the p^^rson or persons addressed to do some a©t therein 
specified, as being within their office and duty, as to admit or restore 
a person to an office or franchise, or to deliver papers, affix a seal to 
a paper, etc. 

Ordinance of 1787. Adopted by the Continental Congress, then in ses- 
sion in New York City, July 13, 1787, the full title of the act being : 
*' An ordinance for the government of the territory of the United 
States northwest of the Ohio River." The territory included the 
present States of Ohio, Indiana, Illinois, Michigan, and Wisconsin. 
The ordinance prohibited slavery, provided for the eventual admis- 
sion of portions of the territory as States of the Union and estab- 
lished a territorial government, which has ever since been used as a 
model in the organization of new territories. 

Parliament, English. Composed of House of Lords and House of 
Commons. The House of Lords consists of 4 princes of the blood, 
2 archbishops, 24 bishops, 516 English Peers, 16 Scotch Representa- 
tive Peers, and 28 Irish Representative Peers. Total, 590. Com- 
position of the House of Commons : England has 465 seats ; Wales, 
30 seats; Scotland, 72 seats; Ireland, 103 seats. Total, 670 members. 

Plaintiff. The person who brings a suit before a tribunal for the recov- 
ery of a claim ; opposed to defendant. 

Plurality of Votes. The number by which the votes cast for the can- 
didate who receives the greatest number exceed the votes cast for 
the candidate who receives the next greatest number, when there are 
more than two candidates and no one candidate receives a majority 
of votes. 



GLOSSARY 175 

Posse Comitatus. The power of the county. The body of men which 
the sheriff is empowered to call into service to aid him in the execu- 
tion of the law, as in case of rescue, riot, etc. It includes ail male 
persons above the age of fifteen. 

Prima Facie. At first appearance. 

Primary. An assembly of a section of a political party, generally for the 
purpose of naming delegates to a convention, or nominating candi- 
dates to be voted for at the regular elections. In some states a 
primary is called a caucus. In New York State there is a Primary 
Law providing that some cities and towns must, and many others 
may, permit those voters who wish, to enroll as members of one 
political party, and only voters so enrolled may take part in primaries 
held during the ensuing year by such political party. 

Primogeniture. Norman law of descent to the eldest son. The princi- 
ple by which the oldest son of a family succeeds to the father's rt-al 
estate in preference to, and to the absolute exclusion of, the younger 
sons and daughters. 

Provincial Congress. In 1774 the Euglish Parliament appointed General 
Gage military governor of Massachusetts. The colonists ignored 
Gage, and the townships elected delegates to meet in a Provincial 
Congress. The president of the Congress was the chief executive 
officer of the commonwealth, and there was a small executive council 
known as, " The Committee of Safety." 

Quorum. The number of members of any constituted body of persons 
whose presence at or participation in a meeting is required to render 
its proceedings valid, or to enable it to transact business legally. 

Kecords of a Court. The formal, written reports of the proceedings 
of the Court drawn up by the regular officers of the same. 

Referendum. The right to approve or reject by popular vote a measure 
passed upon by a legislature. 

Representative Government. A government conducted by persons 
chosen by the people governed. 



176 GLOSSARY 

Solvent. Able to pay all just debts. 

Statute. An or di nance or law ; specifically, a law promulgated in writ- 
ing by a legislative body ; an enactment by a legislature. 

Statute of Limitations. A law which limits the time within which 
an action may be brought. 

Tort. A wrong, such as the law requires compensation for in damages. 
Viva Voce. Orally. 

Warrant. In law a written authorization by a magistrate to an officer 
to make an arrest, a seizure, or a search, or do other acts incidental 
to the administration of justice. 



FOR YOUNG FOLKS— 9 TO 12 YEARS 



I 



SffC^ *^^y * AMERICAN * 
Vm.*m8u«, aBIOGRAPHldAL 
V4 >!J* | SERIES * 

ij^<^ 

f^-^«^^|J BOYHOOD OF 

\ f-nn ^j Famous 




Boyhood of 

Famous Americans 

Children of History 

Washington, Franklin, AVehstek, 

Longfellow, 

and twenty or more others. 

By Annie Chase. 

Full-page Portraits and other Illus- 
trations. 152 Pages. 
Cloth, 40 cents. 



MISS CHASE keeps the reader in eager expectation as she 
kindly at will throws the flashlight upon those incidents or 
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— flashlights which clearly and impressively reveal the transform- 
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She aims also to show a little of the nation's progress and 
development through the loopholes of these lives and events. 

Statesmen, poets, orators, inventors and authors are found 
in this notable procession. Then in more sententious form, we 
have with all their practical worth : " The Boy who Never Gave 
Up," ^' How a Boy's Dream Became True," ''A Bright News- 
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Children," and " The Children's First Fourth in 1777." 

The text, illustrations and cover complete the attractiveness 
of this fascinating volume. 



FOR YOUNG FOLKS — 9 TO 12 YEARS 




Stones of our Country. 2 Vols* 

By Mrs. S. E. Dawes. 

45 Full-page and other Illustrations. Old 
Print Reproductions. Maps. 

Vol. I., 190 Pages. Vol. II., 208 Pages. 

Cloth, each 50 cents. 



Volume I. deals with the early period of our country's story, 
leading to the Revolution. 

"TTTITH a vocabulary carefully adapted to the tender years, 
VV with an easy flowing and picturesque style, with para- 
graphs short and fitting, the author tells the Story of the Norse- 
men, Pocahontas, The Pilgrims, Boston Tea Party, Liberty Bell, 
Lexington and Concord. 

Appropriate poems, full of stir and spicy with the flavor of 
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Volume Tfa relates, in the same simple and affective para- 
graph style, the grand story of the Revolution, tells how the 
United States became a nation and closes with a graphic account 
of the War of 1812. The heroic deeds, the countless hardships of 
those days are made the means, in the author's tactful way, of 
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with a glow of patriotic feeling. 

The books with their fine illustrations, their clear print and 
their attractive covers, rich in color, are an ornament to any 
library. 



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